Citation : 2021 Latest Caselaw 6430 Raj/2
Judgement Date : 12 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Cr. Misc. Application for Suspension
of Sentence No.297/2021
IN
S.B. Criminal Revision Petition No. 1108/2021
Tej Singh Son of Shri Lal Singh, Resident Of Plot No. 16, Balaji
Vihar Scheme, Murlipura, Jaipur (Rajasthan)
----Accused Petitioner
Versus
State Of Rajasthan, Through The Public Prosecutor
----Respondent
For Petitioner(s) : Mr. R.K. Mathur, Sr. Adv. With Mr. Aditya Kiran Mathur For Respondent(s) : Mr. Imran Khan, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS Order
12/11/2021
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
30.11.2018 for the offence under Section(s) 279 & 304A IPC and
for the offence under Section(s) 134/187 of Motor Vehicles Act
and sentenced as under:-
For offence under Section 279 IPC- simple imprisonment of six
months with a fine of Rs. 1,000/-; in default of payment of fine, to
further undergo simple imprisonment of ten days.
For offence under Section 304A IPC- simple imprisonment of two
years with a fine of Rs.10,000/-; in default of payment of fine, to
further undergo simple imprisonment of three months.
(2 of 2) [SOS-297/2021]
For offence under Section(s) 134/187 of MI Act- simple
imprisonment of three months with a fine of Rs.500/-; in default
of payment of fine, to further undergo simple imprisonment of five
days.
The appellant-applicant thereafter filed an appeal, but the
appellate Court vide its judgment dated 30.09.2021 dismissed the
appeal and affirmed the judgment passed by the Trial Court.
Learned counsel further submits that the accused applicant is
in judicial custody since the order dated 30.09.2021. The disposal
of the revision is likely to take long time. He has prayed that 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 Tej Singh S/o Shri Lal
Singh 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 15th December, 2021 and thereafter as and when called
upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /08
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