Shivpuri S/O Narayan Puri vs State Of Rajasthan
2021 Latest Caselaw 279 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 D.B. Cr. Misc. Suspension of Sentence Application No. 953/2020
                                       In
                D.B. Criminal Appeal No. 210/2020

Shivpuri S/o Narayan Puri, aged about 23 years, R/o Chhan Ka
Kheda, Police Station, Dug, District Jhalawar
(at present confined in Sub-District Jail Bhawani Mandi, District
Jhalawar)
                                                         ----Accused Appellant
                                   Versus
State Of Rajasthan through PP
                                                                ----Respondent

For Appellant(s) : Mr. Rohit Khandelwal, Advoate For Respondent(s) : Mr. N.S. Gurjar, PP

HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

13/01/2021

This suspension of sentence application has been filed

under Section 389 CrPC.

Learned counsel for the appellant submits that

appellant was on bail during trial. He further submits that

marriage of the appellant and deceased Maya was solemnized on

16.2.2016 and the incident took place on 31.1.2017. About 5-6

days ago from the date of incident, the complainant/s came at

appellant's residence to take deceased Maya with them, but she

refused to accompany them. In his cross-examination PW-1 Ram

Kanwar (mother of the deceased) stated that not a single penny

was taken in the marriage of Maya. He further submits that even

in the Mrig report before Sub Divisional Officer also, it was stated

that there was no demand of dowry. There is no evidence on

(2 of 2) [CRSOS-953/2020]

record that there was any demand of dowry. The appellant has

been falsely implicated in this matter, hence sentence awarded to

him by the court below is required to be suspended.

On the other hand, learned PP appearing for the State

has opposed the same and submits that the incident took place

within 7 years of marriage, hence his sentence should not be

suspended.

Having regard to the submissions made by learned

counsel for the parties and taking into consideration the material

on record, but without expressing any opinion on the merits and

demerits of the case, we are inclined to suspend the sentence of

the accused appellant.

Accordingly, this suspension of sentence application is

allowed and it is ordered that the sentence awarded to the

accused appellant Shivpuri S/o Narayan Puri by the trial court vide

judgment dated 15.7.2020 in Sessions Case No. 27/2017 shall

remain suspended during the pendancy of the appeal, provided he

furnishes a personal bond in the sum of Rs. 1,00,000/- with two

sureties in the sum of Rs. 50,000/- each to the satisfaction of the

trial court with the stipulation that he shall appear before this

Court on 15.2.2021 and thereafter as and when called upon to do

so.

(CHANDRA KUMAR SONGARA),J (PRAKASH GUPTA),J

DILIP KHANDELWAL /5

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