Citation : 2021 Latest Caselaw 6289 Raj/2
Judgement Date : 9 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 1760/2021
1. Kunwar S/o Hari Singh Jat, Aged About 22 Years
2. Mahtab S/o Suwalal Chobdar, Aged About 52 Years,
All R/o Berkheda, Police Station Soorauth, District Karauli,
(Raj)
(Presently On Bail For Period Of One Month From 11-10-
2021)
----Accused-Appellants
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Arvind Sharma For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
09/11/2021
Heard.
Admit.
Record of the case be summoned.
List after four weeks.
S.B. Criminal Misc.(SOS) Application No.1083/2021 :
Heard on application for suspension of sentence.
Appellants have filed the appeal along with application for
suspension of sentence.
This appeal has been preferred against the judgment of
conviction and sentence dated 11.10.2021 passed by the Court of
Special Judge, SC-ST (Prevention of Atrocity) Cases, Karauli in
(2 of 3)
Sessions Case No.02/2019(CIS No.02/2019), by which the
appellant-Kunwar has been convicted under Sections 341 and 323
of IPC, Section 3(1)(r), 3(1)(s) of SC/ST Act and sentenced to
maximum term of one year, appellant-Mahtab has been convicted
under Sections 341 and 323/34 of IPC and sentenced to maximum
term of six months.
It has been submitted on behalf of the appellants that the
appellants were on bail during trial. Presently, their sentence has
been suspended for a period of one month from 11.10.2021.
Appellants have been sentenced to a maximum term of one year
of imprisonment. Decision of appeal may take considerable time.
Learned Public Prosecutor has opposed the application for
suspension of sentence.
Heard learned counsel for the parties.
Taking into consideration the submissions of learned counsel
for the appellants, overall facts and circumstances of the case but
without commenting upon detailed merits of the case, this Court
deems 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-
appellants Kunwar S/o Hari Singh Jat and Mahtab S/o
Suwalal Chobdar shall remain suspended till disposal of this
criminal appeal and they be released on bail, provided each of
them 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
(3 of 3)
their appearance in this Court on 09th December, 2021 and as and
when called upon to do so.
(MANOJ KUMAR VYAS),J
Hemant/96
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