Citation : 2021 Latest Caselaw 6587 Raj/2
Judgement Date : 16 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence
Application No.300/2021
IN
S.B. Criminal Revision Petition No. 1115/2021
Amrat Lal Son of Phool, Resident Of Jhadoli, Police Station
Bamanwas, District Sawai Madhopur (Rajasthan) (Accused
Petitioner Is Confined In District Jail, Sawai Madhopur)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Aslam S. Khan, for Mr. Girish Khandelwal For Respondent(s) : Mr. Imran Khan, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
16/11/2021
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
09.03.2021 for the offence under Section(s) 457 & 380 IPC and
sentenced as under:-
For offence under Section 457 IPC- rigorous imprisonment of one
year 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 380 IPC- rigorous imprisonment of two
years with a fine of Rs.1,000/-; in default of payment of fine, to
further undergo simple imprisonment of ten days.
(2 of 2) [SOS-300/2021]
The appellant-applicant thereafter filed an appeal, but the
appellate Court vide its judgment dated 21.09.2021 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 21.09.2021. 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 Amrat Lal S/o Phool 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
17th December, 2021 and thereafter as and when called upon to do
so.
(UMA SHANKER VYAS),J
DANISH USMANI /51
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