Lilaram @ Lillu S/O Ramchander vs State Of Rajasthan
2021 Latest Caselaw 6347 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Criminal Misc. Bail Application (Suspension
                        of Sentence) No.252/2021
                                          IN
           S.B. Criminal Revision Petition No. 959/2021

Lilaram    @   Lillu     S/o     Ramchander,            R/o        Surajanwas,   P.S.
Mahendergarh, District Mahendergarh, Hariyana.
                                                            ----Accused Petitioner
                                      Versus
State Of Rajasthan, Through P.P
                                                                     ----Respondent

For Petitioner(s)           :     Mr. Sudhir Yadav
For Respondent(s)           :     Mr. Imran Khan, P.P.



          HON'BLE MR. JUSTICE UMA SHANKER VYAS

                                       Order

10/11/2021

Today, learned counsel for the petitioner has produced a

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

the effect that the petitioner has surrendered before the trial

Court on 08.11.2021 and at present he is in judicial custody. The

said certificate is taken on record.

In view of above, defect No.1 is cured.

This suspension of sentence application has been filed by the

applicant seeking suspension of his sentence.

Learned counsel for the applicant has contended that the

applicant was convicted by the Trial Court vide its judgment dated

22.11.2017 for the offence under Section(s) 19/54 of the

Rajasthan Excise Act and sentenced to undergo 1 year SI with a

fine of Rs. 1,000/-; in default of payment of fine, to further

(2 of 2) [SOS-252/2021]

undergo one month's simple imprisonment. He filed an appeal, but

the appellate Court vide its judgment dated 19.07.2021 dismissed

the appeal and affirmed the judgment passed by the Trial Court.

Learned counsel further submits that the accused applicant

was on bail during trial as well as during appeal. The disposal of

the revision is likely to take long time. He has prayed that in 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 Lilaram @ Lillu S/o

Ramchander 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 13th December, 2021 and thereafter as and when

called upon to do so.

(UMA SHANKER VYAS),J

DANISH USMANI /06

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