Babulal S/O Shri Makkhanlal vs State Of Rajasthan
2021 Latest Caselaw 7615 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S.B. Criminal Misc. Suspension of Sentence App. No. 1095/2021

                                        IN

                S.B. Criminal Appeal No. 1779/2021

Babulal S/o Shri Makkhanlal, Aged About 37 Years, R/o Ward No.
01, Mukundgarh Police Station Mukund Garg, District Jhunjhunu
(At Present Confined In District Jail Jhunjhunu)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through Public Prosecutor
                                                                 ----Respondent

For Appellant(s)          :     Mr. Vinay Pal Yadav
For Respondent(s)         :     Mr. Bhawani Shankar Sharma, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                     Order

14/12/2021

1. Heard on application for suspension of sentence.

2. The appellant has filed the appeal along with

application for suspension of sentence.

3. The appeal has been preferred against the judgment

dated 25.10.2021 passed by court of the learned Session Judge,

Jhunjhuu in Session Case No. 45/2019, by which the appellant has

been convicted for offence/s under Sections 328, 379 IPC and

sentenced to maximum term of five years imprisonment.

4. It has been submitted by learned counsel for the

appellant that appellant has been falsely implicated in the case.

Identification of the appellant has not been conducted as per the

(2 of 2) [SOSA-1095/2021]

rules which govern the identification proceedings. There are

material contradictions in the prosecution case. As per certificate

under Rule 311(3) of the Rajasthan High Court Rules, the

appellant was on bail during trial. It is also submitted that in all

other pending cases which are against him, he has been acquitted

by concerned court. Hearing of the appeal may take long time.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the parties and scanned the

evidence available on record.

7. Taking into consideration the submissions of learned

counsel for the parties, evidence available on record and overall

facts and circumstances of the case but without commenting upon

merits of the case, this Court deems just and proper to allow the

application for suspension of sentence.

8. Accordingly, the application for suspension of sentence

is allowed and it is ordered that the sentence awarded to accused-

appellant Babulal S/o Shri Makkhanlal shall remain suspended till

disposal of this criminal appeal and he shall be released on bail

provided the appellant furnishes a personal bond of Rs. 1,00,000/-

(One Lakh) and two sureties of Rs.50,000/- (Fifty Thousand) each

to the satisfaction of the learned trial Court for his appearance in

this Court on 14.01.2022 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /47

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