Laxman Singh S/O Shri Moti Singh vs State Of Rajasthan
2021 Latest Caselaw 6881 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

          S.B. Criminal Misc. (SOS) Application No.312/2021

                                        In

             S.B. Criminal Revision Petition No. 1171/2021

Laxman Singh S/o Shri Moti Singh, R/o Ganeshpura, Police Station
Bijaynagar, District Ajmer (Presently Confined In District Jail, Ajmer)

                                                                   ----Petitioner

                                     Versus

State Of Rajasthan, Through Public Prosecutor

                                                                 ----Respondent

For Petitioner(s)         :     Mr. Rajesh Gadwal
For Respondent(s)         :     Mr. Ganesh Saini, PP


         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
                         Order
24/11/2021

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 20.10.2021 passed by the court of Additional District and Session

Judge No.2, Kekri (Ajmer) (the Appellate Court) in Criminal Appeal

No.99/2018 (77/2013) (CIS No.265/14), affirming the order dated

10.07.2013 passed by Additional Chief Judicial Magistrate No.1, Kekri

(the trial court) in Criminal Regular Case No.502/2010, by which the

petitioner has been convicted for offence/s under Section 279, 304A of

IPC and Section 134/187 of MV Act and sentenced to maximum term of

one year imprisonment.

It has been submitted by learned counsel for the petitioner that

the petitioner has been falsely implicated in this case. Learned courts

below have erred in convicting and sentencing the accused-petitioner.

The maximum sentence passed against the petitioner is of one year

(2 of 2) [SOSA-312/2021]

simple imprisonment. As per certificate under Rule 311(3) of the

Rajasthan High Court Rules, the petitioner was on bail during trial as

well as during pendency of appeal and now, he is in judicial custody

since 20.10.2021. Hearing of the revision petition may take long 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

Laxman Singh S/o Shri Moti 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/- and two sureties

of Rs.25,000/- each to the satisfaction of the learned trial Court for his

appearance in this Court on 3rd January, 2022 and as and when called

upon to do so.

(MANOJ KUMAR VYAS),J

Sunita/27

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