Citation : 2021 Latest Caselaw 6514 Raj/2
Judgement Date : 15 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S. B. Criminal Misc. Suspension of Sentence App. No. 193/2021
IN
S.B. Criminal Revision Petition No. 798/2021
Jitendra Singh Son Of Narendra Singh, Resident Of House No.
341 And 246, Shastri Nagar, Jaipur (Raj)
(At Present Accused Petitioner Confined In Central Jail, Sewar
Bharatpur )
----Petitioner
Versus
State Of Rajasthan, Through P.P
----Respondent
For Petitioner(s) : Mr. Kirodee Lal Meena For Respondent(s) : Mr. Bhawani Shankar Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
15/11/2021
1. Heard on application for suspension of sentence.
2. The petitioner has filed the revision petition along with
application for suspension of sentence.
3. The revision petition has been preferred against the
judgment dated 11.01.2017 passed by the court of Additional
District and Sessions Judge No. 02, Bayana (Bharatpur) (the
Appellate Court) in Criminal appeal No. 68/2021, affirming the
order dated 16.11.2011 passed by the court of Additional Chief
Judicial Magistrate, Wair, Bharatpur (the trial court) in Criminal
Case No. 545/2005 by which the petitioner has been convicted for
offence/s under Section 411 IPC and sentenced to maximum term
of six months imprisonment.
(2 of 2) [SOSR-193/2021]
4. It has been submitted by learned counsel for the
petitioner that petitioner has been sentenced to maximum term of
six months imprisonment for offence under Section 411 IPC. As
per certificate under Rule 311(3) of Rajasthan High Court Rules,
1952, the petitioner was on bail during trial as well as pendency of
the appeal. Now, he is in judicial custody since 17.07.2021.
5. Learned Public Prosecutor has opposed the application
for suspension of sentence.
6. Heard learned counsel for the parties and scanned the
evidence available on record.
7. Taking into consideration the submissions of learned
counsel for the parties, evidence available on record and overall
facts and circumstances of the case but without commenting upon
merits of the case, this Court deems just and proper to allow the
application for suspension of sentence.
8. Accordingly, the application for suspension of sentence
is allowed and it is ordered that the sentence awarded to accused-
petitioner Jitendra Singh Son of Narendra Singh shall remain
suspended till disposal of this revision petition and he shall be
released on bail provided the petitioner furnishes a personal bond
of Rs. 50,000/- (Fifty Thousand) and two sureties of Rs.25,000/-
(Twenty Five Thousand) each to the satisfaction of the learned
trial Court for his appearance in this Court on 15.12.2021 and as
and when called upon to do so.
(MANOJ KUMAR VYAS),J
Pooja /43
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