Prabhulal S/O Motilal vs State Of Rajasthan
2021 Latest Caselaw 6431 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

     S.B. Criminal Misc. Suspension of Sentence Application
                                No.298/2021

                                        In

            S.B. Criminal Revision Petition No.1110/2021

Prabhulal    S/o    Motilal,     Resident        Of     Kotdi,   Police   Station
Harnavdashahji District Baran (Raj) (At Present Confined In Sub
Jail, Chhabra, District Baran)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent

For Petitioner(s) : Mr. Naresh Kumar Singhal For Respondent(s) : Mr. Imran Khan, PP

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

28.09.2018 for the offence under Section(s) 279, 337 & 304A of

IPC and sentenced as under:-

For offence under Section 279 IPC - simple imprisonment of three

months with fine of Rs. 500/-; in default of payment of fine, to

further undergo simple imprisonment of fifteen days.

For offence under Section 337 IPC - simple imprisonment of three

months with fine of Rs. 500/-; in default of payment of fine, to

further undergo simple imprisonment of fifteen days.

(2 of 2) [SOS-298/2021]

For offence under Section 304A IPC - simple imprisonment of two

years with fine of Rs. 1000/-; in default of payment of fine, to

further undergo simple imprisonment of one month.

The appellant-applicant thereafter filed an appeal, but the

appellate Court vide its judgment dated 01.10.2021 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 and he is behind bars since long. 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 Prabhulal S/o Shri

Motilal 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

Chhaya Awasthi/22

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