Citation : 2021 Latest Caselaw 7868 Raj/2
Judgement Date : 20 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S. B. Criminal Suspension of Sentence App. No. 345/2021
IN
S.B. Criminal Revision Petition No. 1292/2021
1. Narendra Son Of Mansingh, Aged About 23 Years,
Resident Of Patpara Mohalla, Police Station Kotwali, Distt.
Dholpur (Petitioner Is Presently Confined In Custody At
Distt. Jail Dholpur )
2. Shalu @ Iqbal Son Of Jallo, Aged About 20 Years,
Resident Of Patpara Mohalla, Police Station Kotwali, Distt.
Dholpur (Petitioner Is Presently Confined In Custody At
Distt. Jail Dholpur)
----Petitioners
Versus
State Of Rajasthan, Through P.p
----Respondent
For Petitioner(s) : Mr. Harsh Vardhan Sharma For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 20/12/2021
1. Heard on application for suspension of sentence.
2. The petitioners have filed the revision petition along
with application for suspension of sentence.
3. The revision petition has been preferred against the
judgment dated 16.11.2021 passed by the court of Additional
Session Judge, Dholpur (Raj.)(the Appellate Court) affirming the
order dated 31.05.2016 passed by the court of the Additional
Chief Judicial Magistrate, Dholpur (the trial court) in Criminal Case
No. 678/2012 by which the petitioners have been convicted for
offence/s under Sections 457, 380 IPC and sentenced to
maximum term of two years imprisonment.
4. It has been submitted by learned counsel for the
(2 of 2) [CRLR-1292/2021]
petitioners that petitioners have been sentenced to maximum
term of two years for offence under Section 457 and 380 IPC. As
per certificate under Rule 311(3) of the Rajasthan High Court
Rules, petitioners were on bail during trial as well as during
pendency of the appeal. Presently, they are in custody. Hearing
of the petition may take considerable time. There are no criminal
antecedents against the petitioners.
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-
petitioners 1. Narendra Son Of Mansingh and 2. Shalu @ Iqbal
Son Of Jallo shall remain suspended till disposal of this revision
petition and they shall be released on bail provided each of them
furnishes a personal bond of Rs. 50,000/- (Fifty Thousand) and
two sureties of Rs.25,000/- (Twenty Five Thousand) each to the
satisfaction of the learned trial Court for their appearance in this
Court on 20.01.2022 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J Pooja /126
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