Citation : 2021 Latest Caselaw 6782 Raj/2
Judgement Date : 22 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. (SOS) Application No.305/2021
In
S.B. Criminal Revision Petition No. 1139/2021
Trilochan Singh S/o Shri Mitha Singh, Resident Of Sadhwani
Apartment, Gopalbagh, Police Station Jooni, District Indore.
(Presently Confined In Central Jail Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Rajendra Singh Tanwar For Respondent(s) : Mr. Ganesh Saini, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 22/11/2021 Heard on application for suspension of sentence.
The petitioner has filed the revision petition along with
application for suspension of sentence.
This revision petition has been preferred against the
judgment dated 05.10.2021 passed by the court of Additional
District and Session Judge No.2, Kekri (Ajmer) (the Appellate
Court) in Criminal Appeal No.159/2018 (69/2015)
(CIS No.127/2015), affirming the order dated 28.08.2015 passed
by Judicial Magistrate First Class, Kekri (Ajmer) (the trial court) in
Criminal Case No.435/2013, by which the petitioner has been
convicted for offence under Section 19/54 of the Rajasthan Excise
Act and sentenced to maximum term of three years.
It has been submitted by learned counsel for the
petitioner that the petitioner has been convicted for offence under
(2 of 2) [SOSA-305/2021]
Section 19/54 of the Rajasthan Excise Act and has been sentenced
to maximum term of three years of imprisonment. The petitioner
was on bail during trial as well as during pendency of the appeal
and now, he is confined in Central Jail, Ajmer. Decision of the
revision petition will consume considerable time.
Learned Public Prosecutor has opposed the application
for suspension of sentence.
Heard learned counsel for the parties and scanned the
evidence available on record carefully.
Taking into consideration the submissions of learned
counsel for the petitioner, overall facts and circumstances of the
case but without commenting upon detailed merits of the case,
this Court deems it just and proper to allow the application for
suspension of sentence.
Accordingly, the application for suspension of sentence
is allowed and it is ordered that the sentence awarded to
accused/petitioner Trilochan Singh S/o Shri Mitha Singh shall
remain suspended till disposal of this revision petition and he be
released on bail, provided the petitioner 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 appearance in this Court on 03 rd January, 2022
and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Sunita/18
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