Citation : 2021 Latest Caselaw 6517 Raj/2
Judgement Date : 15 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 1818/2021
Ramdev Nath S/o Shri Prem Nath Jogi, Aged About 35 Years, R/o
Jogiyon Ka Nada, P.S. Kishangarh, District Ajmer
----Appellant
Versus
State Of Rajasthan, Through P.P
----Respondent
For Appellant(s) : Mr. Sanjay Gangwar For Respondent(s) : Mr. Imran Khan, PP Mr. Mukesh Kumar Saini for Complainant
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
15/11/2021
Heard.
Admit. Record of the case be summoned.
IN SOS App. No. 1120/2021:-
1. Heard on application for suspension of sentence.
2. The appellant has filed the appeal along with
application for suspension of sentence.
3. The appeal has been preferred against the judgment
dated 28.10.2021 passed by court of Additional Session Judge No.
2, Kishangarh in Session Case No. 50/2019 (47/2015) and CIS
No. 50/2015 by which the appellant has been convicted for
offence/s under Sections 354(C) of IPC and sentenced to
maximum term of three years imprisonment.
(2 of 2) [CRLAS-1818/2021]
4. It has been submitted by learned counsel for the
appellant that appellant has been sentenced to maximum term of
three years for offence under Sections 354(C) IPC. As per
certificate under Rule 311(3) of Rajasthan High Court Rules, 1952,
the petitioner was on bail during trial and his sentence has been
suspended for a period of one month. Presently, he is on bail.
5. Learned Public Prosecutor has opposed the application
for suspension of sentence.
6. Heard learned counsel for the parties.
7. Taking into consideration the submissions of learned
counsel for the parties 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-
appellant Ramdev Nath S/o Shri Prem Nath Jogi, shall remain
suspended till disposal of this criminal appeal and he shall be
released on bail provided the appellant furnishes a personal bond
of Rs. 1,00,000/- (One Lakh) and two sureties of Rs. 50,000/-
(Fifty 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 /71
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