Bapulal S/O Kanhiram Bhil vs State Of Rajasthan
2021 Latest Caselaw 6394 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Criminal Misc. Suspension of Sentence

                     Application No.1039/2021

                                       In

               S.B. Criminal Appeal No. 1689/2021

1.     Bapulal S/o Kanhiram Bhil, Resident Of Sevniya Police
       Station Bhalta District Jhalawar (Raj)
2.     Rodsingh Alias Rodu S/o Purilal Bhil,
3.     Bherulal S/o Ratanlal Bhil,
       Both Resident Of Maanpura Bhillan Police Station Bhalta
       District Jhalawar (Raj)
       (At Present Confined In Sub-District Jail Aklera District
       Jhalawar)
                                                       ----Accused-Appellants
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent

For Appellant(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Ganesh Saini, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

11/11/2021 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 05.10.2021 passed by the court of

Additional District and Sessions Judge, Aklera, District Jhalawar in

Sessions Case No.14/2016, by which the appellants have been

(2 of 3)

convicted under Sections 323, 324, 325, 326 read with Section 34

of the Indian Penal Code and sentenced to maximum term of five

years.

It has been submitted on behalf of the appellants that the

appellants have falsely been implicated in the case. They have

been sentenced to a maximum term of five years of imprisonment

for offence under Sections 323, 324, 325, 326 read with Section

34 of the Indian Penal Code. There was a criminal case against the

complainant side bearing FIR No.225/2014, registered at police

station Bhalta, District Jhalawar, under Section 307 of IPC. After

trial, that case has resulted into conviction of complainant party

for a term of seven years of imprisonment. As per certificate

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

appellants were on bail during trial and now, they are in judicial

custody since 05.10.2021.

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 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 Bapulal S/o Kanhiram Bhil, Rodsingh Alias Rodu

(3 of 3)

S/o Purilal Bhil and Bherulal S/o Ratanlal Bhil 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 his appearance in this

Court on 13th December, 2021 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/23

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