Jagdish Son Of Charan Singh vs State Of Rajasthan
2021 Latest Caselaw 3232 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Misc. Suspension of Sentence Application No.
                                   358/2021

                                         In

                  S.B. Criminal Appeal No. 543/2021

1.        Jagdish Son Of Charan Singh,
2.        Gyasiram Son Of Harikishan,
3.        Chhotu Ram Son Of Gyasiram,
          All Resident Of Helak Darwaja, Kumher, Police Station
          Kumher, District Bharatpur (Raj)
          (At Present In Central Jail, Bharatpur)
                                                                     ----Appellants
                                       Versus
State Of Rajasthan, Through P.P.
                                                                    ----Respondent

For Appellant(s) : Mr. Hari Krishana Sharma For Respondent(s) : Mr. Prashant Sharma, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

28/07/2021

1. Heard on application for Suspension of Sentence.

2. This application has been filed by the appellants seeking

suspension of sentence passed by the Court of Additional Sessions

Judge No.2, Bharatpur, in Session Case No.38/2017 (CIS

No.47/2017), whereby, the learned trial Court has vide judgment

dated 06.03.2021 convicted the appellants and sentenced as

under:-

U/s 323 IPC - 01 year's simple imprisonment and fine of Rs.1,000/- each, in default of payment of fine further 01 month's

(2 of 3) [CRLAS-543/2021]

additional simple imprisonment to each accused appellant.

U/s 307/34 IPC - 07 years simple imprisonment and fine of Rs.10,000/- each, in default of payment of fine further 06 months additional simple imprisonment to each accused appellant.

3. It is contended by counsel for the accused-appellants that

the appellants were on bail during trial. They have been falsely

implicated in this case. The quarrel between the parties occurred

due to a dispute related to the agricultural land. There are several

contradictions in the testimony of the material witnesses. There

are no criminal antecedents of the appellants. Disposal of appeal

may take time. It is requested that their sentence may be

suspended.

4. Learned Public Prosecutor has opposed the application for

suspension of sentence.

5. On considering the submissions of the learned counsel for

the appellants and after having gone through the record of the

case available on the file, without commenting upon detailed

merits of the case, this court deems it just and proper to suspend

the sentence awarded to the appellants till disposal of this appeal.

6. Accordingly, the application for suspension of sentence is

allowed. It is ordered that the sentence awarded to accused-

appellants-Jagdish Son Of Charan Singh, Gyasiram Son Of

Harikishan and Chhotu Ram Son Of Gyasiram, shall remain

suspended till disposal of this appeal, on their furnishing individual

personal bond of Rs.1,00,000/- (One Lakh) along with two

sureties of Rs.50,000/-(Fifty Thousand) each, to the satisfaction of

(3 of 3) [CRLAS-543/2021]

the learned trial Court for their appearance in this Court on

31.08.2021 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Priyanka/50

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