Sanjay Kohri Son Of Bhoora Khari vs State Of Rajasthan
2021 Latest Caselaw 6628 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Criminal Appeal No. 1513/2021

Sanjay Kohri Son Of Bhoora Khari, R/o Shiv Vihar Colony, Rani
Kuwa, Sabbalgarh, Murena, MP (At Present Accused Petitioner
Confined In Central Jail, Jaipur)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through Its Public Prosecutor
                                                                 ----Respondent

Connected With S.B. Criminal Appeal No. 48/2013 Vijendra Singh And Ors.

----Appellants Versus State Of Rajasthan Through PP

----Respondent

For Appellant(s) : Mr. Shribhan Gurjar For Respondent(s) : Mr. Ganesh Saini, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

17/11/2021

Criminal Appeal No. 1513/2021

Heard.

Appeal is admitted.

List after four weeks.

Criminal Appeal No. 48/2013

List after four weeks along with connected matter.

S.B. Criminal Misc. Bail (SOS) Application No.934/2021

(2 of 3) [CRLAS-1513/2021]

Heard on application for suspension of sentence.

The appellant has filed the appeal along with

application for suspension of sentence.

The appeal has been preferred against the judgment of

conviction and sentence dated 14.09.2021 passed by the Court of

Additional Session Judge No.05, Jaipur Metropolitan-II in Session

Case No.01/2012, by which the appellant has been convicted for

offence/s under Sections 399, 402 of IPC and Section 4/25 of the

Arms Act and sentenced to maximum term of four years.

It has been submitted by learned counsel for the

appellant that the appellant has been sentenced to maximum term

of four years of imprisonment for offence under Section 399 of

IPC. As per certificate under Rule 311(3) of the Rajasthan High

Court Rules, the appellant was on bail during trial. Now, he is in

judicial custody since 14.09.2021. There are several material

contradictions in the prosecution evidence. Hearing of the appeal

may take long time.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Learned Public Prosecutor has opposed the application

for suspension of sentence.

Taking into consideration the submissions of learned

counsel for the appellant, evidence available on record and overall

facts and circumstances of the case but without commenting upon

detailed merits of the case, this Court deems just and proper to

allow the application for suspension of sentence.

(3 of 3) [CRLAS-1513/2021]

Accordingly, the application for suspension of sentence

is allowed and it is ordered that the sentence awarded to accused-

appellant Sanjay Kohri Son Of Bhoora Khari 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 17th December, 2021 and as and when

called upon to do so.

(MANOJ KUMAR VYAS),J

Sunita/20-21

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