Khemchand Mahawar Son Of Late ... vs State Of Rajasthan
2021 Latest Caselaw 6624 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Criminal Misc. Suspension of Sentence
                      Application No.288/2021
                                       IN
          S.B. Criminal Revision Petition No. 1085/2021
Khemchand Mahawar Son of Late Pannalal Mahawar, Resident of
Darwaja Mohalla Dausa, District Dausa, At Present R/o House of
Madan Lal Kundera, Housing Board, Police Station Kotwali Dausa,
District Dausa (Raj.) (At Present In District Jail, Dausa)
                                                        ----Accused/Petitioner
                                   Versus
State of Rajasthan, Through PP
                                                                ----Respondent

For Petitioner(s)        :     Mr. Virendra Singh
For Respondent(s)        :     Mr. Imran Khan, P.P.



         HON'BLE MR. JUSTICE UMA SHANKER VYAS

                                    Order

17/11/2021

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

27.07.2020 for the offence under Section(s) 498A & 323 IPC and

sentenced as under:-

For offence under Section 498A IPC- Simple Imprisonment of

three years with a fine of Rs. 5,000/-; in default of payment of

fine, to further undergo Simple Imprisonment of six months.

For offence under Section 323 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 one month.

(2 of 2) [SOSR-288/2021]

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

was on bail during trial as well as during appeal and at present

accused petitioner is confined in jail. 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 Khemchand Mahawar

S/o Late Pannalal Mahawar 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 /33

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