Rajasthan High Court
Vijendra Singh @ Pappu S/O ... vs State Of Rajasthan on 25 November, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Bail Application No.281/2021
(Suspension of Sentence Application)
IN
S.B. Criminal Revision Petition No. 1067/2021
Vijendra Singh @ Pappu S/o Mahaveer Singh, R/o Beri Police Station
Pilani District Jhunjhunu (Raj.). (Accused Petitioner At Present
Confined In Jhunjhunu)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Dushyant Singh Naruka
For Respondent(s) : Mr. Yashwant Kankhedia, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
25/11/2021
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 21.09.2021 passed by the court of learned Additional Session
Judge, Chirawa, District Jhunjhunu in Criminal Appeal No.28/2021,
affirming the order dated 04.02.2021 passed by learned Additional Chief
Judicial Magistrate Pilani, District Jhunjhunu in Criminal Case
No.514/2018 (782/2014) by which the petitioner has been convicted for
offence/s under Section 19/54 of Rajasthan Excise Act and sentenced to
maximum term of three years imprisonment.
(2 of 2) [CRLR-1067/2021]
It has been submitted by learned counsel for the petitioner that
the petitioner was on bail during trial. Now, he is in custody since
18.03.2019. He has been sentenced to a maximum term of three years
of imprisonment for the offence under Section 19/54 of Rajasthan
Excise Act. He has already served more than two and a half years of
sentence passed against him. There are number of material
contradictions and infirmities in the prosecution evidence. 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
Vijendra Singh @ Pappu S/o Mahaveer 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 3 rd January, 2022 and as
and when called upon to do so.
(MANOJ KUMAR VYAS),J
Simple Kumawat /20
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