Bunty @ Om Prakash Son Of Babu Lal vs State Of Rajasthan
2021 Latest Caselaw 6302 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

 S.B. Cr. Misc. Suspension of Sentence Application No. 264/2021

                                       In

          S.B. Criminal Revision Petition No. 1007/2021

Bunty @ Om Prakash Son of Babu Lal, Resident of Village
Badarika, Police Station Kolari, District Dholpur (Rajasthan). At
present confined in District Jail, Dholpur
                                                                  ----Petitioner
                                   Versus
The State Of Rajasthan, Through PP
                                                                ----Respondent

For Petitioner(s) : Mr. Sandeep Maheshwari for Mr. Dheeraj Singhal For Respondent(s) : Mr. Ganesh Saini, PP for the State

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

9/11/2021

This suspension of sentence application has been filed by the applicant under Section 397 read with Section 401 CrPC.

Learned counsel for the applicant has contended that the applicant was convicted by the Trial Court vide its judgment dated 19.6.2019 for the offence under Section 19/54 of the Rajasthan Excise Act and sentenced to undergo 3 years' SI with a fine of Rs. 20,000/-; in default of payment of fine, to further undergo 20 days' SI. He filed an appeal, but the appellate Court vide its judgment dated 21.9.2021 dismissed the appeal and affirmed the judgment passed by the Trial Court. He further submits that out of the sentence of 3 years, the applicant has already undergone 2 years and 5 months. He has prayed that in

(2 of 2) [264 SOS 2021]

this view of the matter, this application for suspension of sentence of the applicant may be allowed and sentence of the applicant may be suspended during the pendency of the petition.

Learned Public Prosecutor has opposed same. Having heard the learned counsel appearing for the respective parties and carefully scanned the entire material available on record, this suspension of sentence application filed by the applicant is allowed and it is ordered that execution of sentence awarded to accused applicant Bunty @ Om Prakash S/o Babu Lal by the Trial Court and affirmed by the Appellate Court shall remain suspended during the pendency of the petition, provided he furnishes a personal bond of Rs. 1,00,000/- (Rs. One Lakh) with two sureties of Rs.50,000/- (Rupees Fifty Thousand) each before the concerned Trial Court to the satisfaction of the learned trial court with the stipulation that he shall appear before this Court on 10 th December, 2021 and thereafter as and when called upon to do so.

(Uma Shanker Vyas),J Chhaya Awasthi/55

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