Jatan S/O Suwalal vs State Of Rajasthan
2021 Latest Caselaw 6230 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 894/2021

                                        IN

                 S.B. Criminal Appeal No. 1457/2021

Jatan S/o Suwalal, R/o Kaadha, P.S. Kishangarh, District Ajmer
(Raj)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through Public Prosecutor
                                                                 ----Respondent

For Appellant(s) : Mr. Akshat Choudhary For Respondent(s) : Mr. Bhawani Shankar Sharma, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

08/11/2021

1. Heard on application for suspension of sentence.

2. The appellant has filed the appeal along with

application for suspension of sentence.

3. The appeal has been preferred against the judgment

dated 09.09.2021 passed by court of Additional Sessions Judge

No. 2, Kishangarh District Ajmer (trial court) in Criminal Case No.

80/2019 (10/2014) CIS No. 528/2014 by which the appellant has

been convicted for offence/s under Section 363 IPC and sentenced

to maximum term of three years imprisonment.

4. It has been submitted by learned counsel for the

appellant that appellant was on bail during trial and at present, his

sentence has been suspended by learned trial court for one

(2 of 2) [SOSA-894/2021]

month. He has been sentenced to maximum term of three years

for offence under Section 363 IPC.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the parties.

7. Taking into consideration the submissions of learned

counsel for the parties, 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 appplication for suspension of

sentence.

8. Accordingly, the application for suspension of sentence

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

appellant Jatan S/o Suwalal shall remain suspended till disposal of

this criminal appeal and he shall be released on bail provided the

appellant furnishes a personal bond of Rs. 50,000/- (Fifrty

Thousand) and two sureties of Rs.25,000/- (Twenty Five

Thousand) each to the satisfaction of the learned trial Court for his

appearance in this Court on 08.12.2021 and as and when called

upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /32

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