Shivraj Singh S/O Shri Ramkaran ... vs State Of Rajasthan
2021 Latest Caselaw 7677 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                         BENCH AT JAIPUR
          S.B. Criminal Misc. (SOS) Application No.78/2020
                                 In

               S.B. Criminal Revision Petition No. 295/2020

Shivraj Singh S/o Shri Ramkaran, R/o Village Bhamolav, P.S. Arain,
Distt. Ajmer.
                                                                         ----Petitioner
                                      Versus
State Of Rajasthan, Through P.P.
                                                                       ----Respondent

For Petitioner(s)          :     Mr. Devanshu Sharma
For Respondent(s)          :     Mr. Bhawani Shankar Sharma, PP
                                 Mr. Amit Dadhich


              HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
                              Order

15/12/2021

Heard on application for suspension of sentence.

The petitioner has filed the revision petition along with

application for suspension of sentence.

This revision petition has been preferred against the

judgment dated 29.01.2020 passed by the court of Additional Session

Judge No.2, Kishangarh (Ajmer) (the Appellate Court) in Criminal

Appeal No.213/2019 (96/2015) (CIS No.99/2015), affirming the order

dated 08.09.2015 passed by Civil Judge and Judicial Magistrate

Kishangarh, District-Ajmer (the trial court) in Criminal Case

No.730/2009, by which the petitioner has been convicted for offence/s

under Sections 279, 304 of IPC and Section 134/187 of M.V. Act and

sentenced to maximum term of one year imprisonment.

It has been submitted by learned counsel for the petitioner

that the petitioner has been sentenced to maximum term of one year of

imprisonment for offence under Section 304-A of IPC. The petitioner

was on bail during trial as well as during pendency of the appeal.

(2 of 2) [SOSA-/2020]

Presently, he is confined in central Jail, Jaipur. There is no criminal

antecedents of the petitioner. The prosecution evidence suffers from

material infirmities and contradictions. Hearing of the petition may take

long time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Taking into consideration the submissions of learned counsel

for the petitioner, overall facts and circumstances of the case but

without commenting upon detailed merits of the case, this Court deems

it just and proper to allow the application for suspension of sentence.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the sentence awarded to

accused/petitioner Shivraj Singh S/o Shri Ramkaran shall remain

suspended till disposal of this revision petition and he be released on

bail, provided the petitioner furnishes a personal bond of Rs.50,000/-

and two sureties of Rs.25,000/- each to the satisfaction of the learned

trial Court for his appearance in this Court on 17 th January, 2022 and as

and when called upon to do so.

(MANOJ KUMAR VYAS),J

Sunita/43

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