Shankar Lal S/O Prabhati Lal B/C ... vs State Of Rajasthan
2021 Latest Caselaw 6232 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Criminal Misc. Suspension of Sentence

                         Application No.530/2019

                                          In

            S.B. Criminal Revision Petition No. 1661/2019

Shankar Lal S/o Prabhati Lal, R/o Nangal Pyariwas, Dhani
Nawadaya, Police Station Nangal Rajavtan, District Dausa Raj.
                                                           ----Accused/Petitioner
                                      Versus
State Of Rajasthan, Through P.P.
                                                                   ----Respondent

For Petitioner(s)           :     Mr. Lalit Gautam
For Respondent(s)           :     Mr. Imran Khan, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                       Order

08/11/2021

Heard on application for suspension of sentence.

The petitioner has filed the revision petition along with

application for suspension of sentence.

This revision petition has been preferred against the

judgment dated 01.03.2019 passed by the court of Special Judge,

SC/ST (Prevention of Atrocities) Cases, Dausa (the appellate

court) in Criminal Regular Appeal No.53/2017, affirming the order

dated 15.07.2015 passed by Judicial Magistrate, Dausa (the trial

court) in Criminal Case No.300/2010, by which the petitioner has

been convicted for offence/s under Sections 323 and 498A of IPC

and sentenced to maximum term of three years imprisonment.

(2 of 2) [CRLR-1661/2019]

It has been submitted on behalf of the petitioner that he has

been convicted under Sections 323 and 498A of IPC and

sentenced to a maximum term of three years of imprisonment. As

per certificate under Rule 311(3) of the Rajasthan High Court

Rules, the petitioner was on bail during trial as well as during

pendency of appeal and at present, he is confined in judicial

custody since 23.02.2021. He has served almost nine months of

sentence.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Taking into consideration the submissions of learned counsel

for the parties, overall facts and circumstances of the case but

without commenting upon detailed merits of the case, this Court

deems it just and proper to allow the application for suspension of

sentence.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the sentence awarded to

accused/petitioner Shankar Lal S/o Prabhati Lal shall remain

suspended till disposal of this revision petition and he be released

on bail, provided the petitioner furnishes a personal bond of

Rs.50,000/- and two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Court for his appearance in this

Court on 08th December, 2021 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/46

Powered by TCPDF (www.tcpdf.org)