Tikendra Son Of Shri Omprakash vs State Of Rajasthan
2021 Latest Caselaw 7782 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

           S.B. Criminal Misc. Suspension of Sentence

                     Application No.1073/2021
                                       In

               S.B. Criminal Appeal No. 1748/2021

Tikendra Son Of Shri Omprakash, Aged About 28 Years, Resident
Of Kauthawas, Mohalla Pisangan, Police Station Pisangan, District
Ajmer (Raj.)
(At Present Confined In Central Jail, Ajmer)
                                                         ----Accused/Appellant
                                   Versus
The State Of Rajasthan through P.P.
                                                                     ----Respondent

For Appellant(s) : Mr. Ramdhan Choudhary For Respondent(s) : Mr. Imran Khan, PP Mr. Naseemuddin Qazi for complainant

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

17/12/2021 Heard on application for suspension of sentence.

The appellant has filed the appeal along with application for

suspension of sentence.

This appeal has been preferred against the judgment & order

dated 23.10.2021 passed by the Court of Additional Sessions

Judge (Women Atrocities Cases), Ajmer in Sessions Case

No.78/2016 (CIS No.272/2016), by which the appellant has been

convicted under Sections 498A, 304B, 406 of IPC and Section 3/4

of the Dowry Prohibition Act and sentenced to maximum term of

seven years.

(2 of 3)

It has been submitted by learned counsel for the appellant

that the appellant has been falsely implicated in the case. There

are material contradictions and infirmities in the prosecution

evidence. The appellant has been sentenced to a maximum term

of seven years of imprisonment and he has already served about

five years and two months of sentence. Hearing of appeal may

take long time.

Learned Public Prosecutor assisted by learned counsel for the

complainant, has opposed the application for suspension of

sentence and has submitted that the appellant has been convicted

for offence under Section 304B of IPC, which is a serious offence.

During trail, father of the appellant-Omprakash threatened the

witnesses for compelling them to give false evidence in favour of

the appellant, therefore, a complaint under Section 107, 116(3) of

Cr.P.C. is pending against Omprakash S/o Chothmal. The

prosecution evidence is consistent and trustworthy, therefore, it is

prayed that the application for suspension of sentence may be

dismissed.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Taking into consideration the submissions of learned counsel

for the appellant, overall facts and circumstances of the case and

particularly looking to the period of sentence already served, but

without commenting upon detailed merits of the case, this Court

deems just and proper to allow the application for suspension of

sentence.

Accordingly, the application for suspension of sentence is

(3 of 3)

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

appellant Tikendra S/o Shri Omprakash shall remain

suspended till disposal of this criminal appeal and he be released

on bail, provided the appellant furnishes a personal bond of

Rs.1,00,000/- and two sureties of Rs.50,000/- each to the

satisfaction of the learned trial court for his appearance in this

Court on 17th January, 2022 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/56

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