Sonu @ Yusuf Son Of Shri Nijamuddin vs State Of Rajasthan
2021 Latest Caselaw 6796 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 223/2021
                                       IN
           S.B. Criminal Revision Petition No. 881/2021

Sonu @ Yusuf Son Of Shri Nijamuddin, Resident Of 282,
Bhainswalo Ka Mohalla, Kachcha Bandha, Subhash Chowk, Jaipur
(Raj) (At Present In Central Jail, Jaipur)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.P
                                                                ----Respondent

For Petitioner(s) : Mr. Ali Mohammed Khan, PP For Respondent(s) : Mr. Bhawani Shankar Sharma, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

22/11/2021

1. Heard on application for suspension of sentence.

2. The petitioner has filed the revision petition along with

application for suspension of sentence.

3. The revision petition has been preferred against the

judgment dated 03.12.2018 passed by Additional Sessions Judge

No. 16, Jaipur Metropolitan (Raj.) (the Appellate Court) in Criminal

Appeal No. 94/2018 partly allowing the order dated 23.02.2013

passed by the court of Additional Chief Metropolitan Magistrate

No. 10, Jaipur Metropolitan (Raj.) (the trial court) in Criminal

Original Case No. 158/2012 by which the petitioner has been

convicted for offence/s under Sections 457 and 380 of IPC and

sentenced to maximum term of four years later reduced to two

(2 of 2) [SOSR-223/2021]

years imprisonment.

4. It has been submitted by learned counsel for the

petitioner that petitioner has been sentenced to maximum term of

four years imprisonment for offence under Sections 457 and 380

IPC. Later, Appellate Court partly allowed the appeal and the

sentence of the petitioner was reduced from four years to two

years of imprisonment. During trial as well as pendency of the

appeal, petitioner was on bail. Now, he is in judicial custody.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the parties and scanned the

evidence available on record.

7. Taking into consideration the submissions of learned

counsel for the parties, evidence available on record and overall

facts and circumstances of the case but without commenting upon

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-

petitioner Sonu @ Yusuf Son Of Shri Nijamuddin shall remain

suspended till disposal of this revision petition and he shall 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 03.01.2022 and as

and when called upon to do so.

(MANOJ KUMAR VYAS),J Pooja /43

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