Sattur S/O Shri Badiya vs State Of Rajasthan
2021 Latest Caselaw 3050 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

      S.B. Criminal Misc. Suspension of Sentence Application
                                   No.85/2020

                                          In

                 S.B. Criminal Appeal No. 102/2020

Sattur    S/o   Shri     Badiya,       Mama        Bheel,          R/o    Kachala,   P.s
Kalyanpura, Distt. Jhabua M.P.
(Confined In Central Jail Bhopal M.P.)
                                                                           ----Appellant
                                      Versus
State Of Rajasthan, Through P.P.
                                                                         ----Respondent

For Appellant(s) : Mr. Ajay Singh Yaduvanshi For Respondent(s) : Mr. Pankaj Aggarwal, PP

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

Order

22/07/2021

This criminal misc suspension of sentence application has

been filed by the accused-applicant along with the criminal appeal.

Counsel for the accused-applicant along with criminal appeal

has annexed certificate under Rule 311(3) Rajasthan High Court

Rules wherein it has been mentioned that the accused-applicant

was on bail during the course of trial and at present he is central

jail. Counsel submits that in connection with the same incident

co-accused Hoor Singh, Nahar Singh @ Nahariya and Moon Singh

have been acquitted by the trial court but subsequently the

accused-applicant has been convicted, by the trial court vide

judgment dated 19.12.2019. Counsel submits that the trial court

while convicting accused-applicant relied upon the evidence of

(2 of 2) [Sosa85/2020]

prosecution witness Vijay Pal Singh. Counsel further submits that

hearing of the criminal appeal may take long time, and there are

no criminal antecedents against the applicant, hence, the sentence

awarded to the applicant may be suspended during the pendency

of the criminal appeal and he be released on bail.

Learned Public Prosecutor has opposed the application.

Having heard the learned counsel for the parties and

carefully scanned the entire material available on record, this

suspension of sentence application is allowed and it is ordered that

execution of sentence awarded to the applicant - Sattur S/o Shri

Badiya, shall remain suspended during the pendency of the

criminal appeal and he be released on bail provided he furnishes a

personal bond of Rs.50,000/- together with two sureties of

Rs.25,000/- each, to the satisfaction of the learned trial court

with the stipulation that he shall appear before this Court on

23.08.2021 and thereafter as and when called upon to do so.

(GOVERDHAN BARDHAR),J

ashu /47

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