Shankarlal S/O Ladunath vs State Of Rajasthan
2021 Latest Caselaw 6626 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Criminal Misc. Suspension of Sentence
                      Application No.261/2021
                                       IN
           S.B. Criminal Revision Petition No. 999/2021

Shankarlal S/o Ladunath, Aged About 36 Years, R/o Medi
Kachnariya Police Station Dablana District Bundi (Rajasthan)
(Accused Petitioner Is Confined At Central Jail Baran)
                                                        ----Accused-Petitioner
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                                                ----Non-Petitioner


For Petitioner(s)        :     Mr. Yogesh Chawla
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

10.01.2020 for the offence under Section(s) 279, 337, 338 &

304A IPC and for the offence under Section(s) 112(1)(2)134/187,

184 & 185 of Motor Vehicles Act and sentenced as under:-

For offence under Section 279 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 fifteen days.

(2 of 3) [SOSR-261/2021]

For offence under Section 337 IPC- Simple Imprisonment of six

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

further undergo simple imprisonment of ten days.

For offence under Section 338 IPC- Simple Imprisonment of one

year with a fine of Rs.1,000/-; in default of payment of fine, to

further undergo simple imprisonment of fifteen days.

For offence under Section 304A IPC- Simple Imprisonment of two

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

further undergo simple imprisonment of two months.

For offence under Section 184 M.V. Act- Simple Imprisonment of

three months 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 134/187 M.V. Act- Simple Imprisonment

of three months with a fine of Rs.500/-; in default of payment of

fine, to further undergo simple imprisonment of seven days.

The appellant-applicant thereafter filed an appeal, but the

appellate Court vide its judgment dated 20.03.2021 dismissed the

appeal and affirmed the judgment passed by the Trial Court.

Learned counsel further submits that the accused applicant is

behind bars since long. 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 Shankarlal S/o

(3 of 3) [SOSR-261/2021]

Ladunath 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 /20

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