Rajesh Kumar S/O Shri Shankar Lal vs State Of Rajasthan
2021 Latest Caselaw 6698 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Criminal Misc. Suspension of Sentence
                      Application No.330/2021
                                       IN
          S.B. Criminal Revision Petition No. 1250/2021

Rajesh Kumar S/o Shri Shankar Lal, Aged About 37 Years, R/o
Shankar Gadhi, Police Station Loh Jheel, District Mathura (U.P.)
(At Present Confined In District Jail Sawai Madhopur)
                                                        ----Accused-Petitioner
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Petitioner(s) : Mr. Satish Khandel, for Mr. Himmat Singh Bikarwar For Respondent(s) : Mr. Imran Khan, P.P.

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

20/11/2021

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

31.08.2018 for the offence under Section(s) 279, 337 & 304A IPC

and for the offence under Section(s) 134/187 of M.V. 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 one month.

(2 of 3) [SOSR-330/2021]

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 304A IPC- Simple Imprisonment of two

years with a fine of Rs.10,000/-; in default of payment of fine, to

further undergo Simple Imprisonment of two months.

For offence under Section(s) 134/187 M.V. Act- A fine of Rs.500/-;

in default of payment of fine, to further undergo Simple

Imprisonment of five days.

The appellant-applicant thereafter filed an appeal, but the

appellate Court vide its judgment dated 10.11.2021 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 is

behind bars in district Jail, Sawai Madhopur. The hearing of the

criminal revision petition may take long time thus, the sentence

awarded to 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 Rajesh Kumar S/o Shri

Shankar Lal 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

(3 of 3) [SOSR-330/2021]

learned trial court with the stipulation that he shall appear before

this Court on 20th December, 2021 and thereafter as and when

called upon to do so.

(UMA SHANKER VYAS),J

DANISH USMANI /65

Powered by TCPDF (www.tcpdf.org)