Citation : 2021 Latest Caselaw 6925 Raj/2
Judgement Date : 25 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S. B. Criminal Misc. Suspension of Sentence App. No. 293/2021
IN
S.B. Criminal Revision Petition No. 1102/2021
Kalyan Singh S/o Bhanwar Singh, Aged About 50 Years, R/o
Jareli Police Station Ghaad, District Tonk (Rajasthan) (Presently
Confined In District Jail Sawai Madhopur)
----Petitioner
Versus
State Of Rajasthan, Through P.P
----Respondent
For Petitioner(s) : Mr. Devi Singh Choudhary For Respondent(s) : Mr. Yashwant Kankhedia, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
25/11/2021
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 04.10.2021 passed by the court of Session Judge,
Sawai Madhopur (Raj.) (the Appellate Court) in Criminal Appeal
No. 6/2021 affirming the order dated 21.01.2021 passed by the
court of Additional Chief Judicial Magistrate, Sawai Madhopur
(Raj.) (the trial court) in Criminal Case No. 125/2013 (CIS No.
3000/2014) by which the petitioner has been convicted for
offence/s under Sections 279, 304-A, 337 of IPC and sentenced to
maximum term of two years imprisonment.
(2 of 2) [SOSR-293/2021]
4. It has been submitted by learned counsel for the
petitioner that petitioner has been sentenced to maximum term of
two years imprisonment. The petitioner was on bail during trial as
well as during pendency of appeal. Presently, he is behind bars
since 04.10.2021. Hearing of the petition may take long time.
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 petitioner, 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 Kalyan Singh S/o Bhanwar Singh 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 /51
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