Meghraj S/O Shankar Lal vs State Of Rajasthan
2021 Latest Caselaw 6661 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

       S.B. Criminal Misc. (SOS) Application No.1071/2021

                                       In

               S.B. Criminal Appeal No. 1736/2021

1.     Meghraj S/o Shankar Lal, Aged About 33 Years, R/o
       Village Shesha, Police Station Malarna Dungar, District
       Sawaimadhopur (Presently He Is Confined In District Jail,
       Sawaimadhopur)
2.     Vijay Kumar S/o Shankar Lal, Aged about 28 Years, R/o
       Village Shesha, Police Station Malarna Dungar, District
       Sawaimadhopur (Presently He Is Confined In District Jail,
       Sawaimadhopur)
                                                                 ----Appellants
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                                                ----Respondent

For Appellant(s)         :     Mr. Ribhu Dutt
For Respondent(s)        :     Mr. Rajendra Yadav, AAG/PP


         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
                         Order

18/11/2021

1. Heard on application for suspension of sentence.

2. The appellants have filed the appeal along with application

for suspension of sentence.

3. The appeal has been preferred against the judgment of

conviction and sentence dated 20.10.2021 passed by the Court of

Sessions Judge, Sawai Madhopur in Session Case No.02/2020, by

which the appellants have been convicted for offences under

Sections 308/34, 325/34, 324/34, 323/34 and 341 of IPC and

sentenced to maximum term of four years imprisonment.

(2 of 3) [SOSA-1071/2021]

4. It has been submitted by learned counsel for the appellants

that the appellants have been sentenced to maximum term of four

years of imprisonment for offence under Section 308/34 of IPC.

The appellants were on bail during trial. Now they are behind bars

since 20.10.2021. There are no criminal antecedents of the

appellants. Nature of injuries have been described by the Doctors,

who have been examined during the prosecution evidence as PW-

8 and PW-12. No injury has been caused on the vital part of the

body which can be termed as grievous. Hearing of the appeal may

take long time.

5. Heard learned counsel for the parties and scanned the

evidence available on record carefully.

6. Learned Public Prosecutor has opposed the application for

suspension of sentence.

7. Taking into consideration the submissions of learned counsel

for the appellants, 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.

8. Accordingly, the application for suspension of sentence is

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

appellants (1) Meghraj S/o Shankar Lal and (2) Vijay Kumar S/o

Shankar Lal shall remain suspended till disposal of this criminal

appeal and they shall be released on bail, provided each of the

appellants furnishes a personal bond of Rs.50,000/- (Fifty

Thousand) and two sureties of Rs.25,000/- (Twenty Five

Thousand) each to the satisfaction of the learned trial court for his

(3 of 3) [SOSA-1071/2021]

appearance in this Court on 20th December, 2021 and as and when

called upon to do so.

(MANOJ KUMAR VYAS),J

Sunita/12

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