Gopal Saini S/O Boduram B/C Mali vs State Of Rajasthan Through Pp
2021 Latest Caselaw 6930 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 651/2018

                                       IN

          S.B. Criminal Revision Petition No. 2317/2018

Gopal Saini S/o Boduram, R/o Raiwasa PS Ranoli, Dist. Sikar Raj.
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan Through PP, Raj.
                                                                ----Respondent

For Petitioner(s)        :     Mr. Karni Ola
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 20.11.2018 passed by the court of Additional

Sessions Judge, No. 2, Sikar (Raj.)(the Appellate Court) in

Criminal Regular Appeal No. 120/2013, B.T. No. 119/2013,

01/2016, CIS No. 407/2014 affirming the order dated 29.10.2013

passed by the court of Additional Chief Judicial Magistrate, Sikar

Raj.)(the trial court) in Criminal Case No. 208/2010 by which the

petitioner has been convicted for offence/s under Sections 420,

467, 468, 471 of IPC and sentenced to maximum term of three

years imprisonment.

(2 of 2) [SOSR-651/2018]

4. It has been submitted by learned counsel for the

petitioner that petitioner has been sentenced to maximum term of

three years imprisonment. The petitioner was on bail during trial

as well as during pendency of appeal. Presently, he is in custody

since 05.10.2021. There are several material contradictions and

infirmities in the prosecution case. 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 Gopal Saini S/o Boduram 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.

1,00,000/- (One Lakh) and two sureties of Rs.50,000/- (Fifty

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 /37

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