Shivshankar @ Atik S/O Shri ... vs State Of Rajasthan
2021 Latest Caselaw 6931 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

        S.B. Criminal Misc. (SOS) Application No.314/2021
                                In
          S.B. Criminal Revision Petition No. 1182/2021

Shivshankar @ Atik S/o Shri Jagannath Prasad, R/o Rampurkala
Paragana Sabalgarh, Murena, Police Station Rampur, (Madhya
Pradesh)
                                                                        ----Petitioner
                                    Versus
State Of Rajasthan, Through Pubic Prosecutor
                                                                   ----Respondent

For Petitioner(s)         :     Mr. Brij Sharma
For Respondent(s)         :     Mr. Rajendra Yadav, AAG/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 21.10.2021 passed by the court of Session Judge,

Karauli (Rajasthan) (the Appellate Court) in Criminal Appeal

No.46/2020 (CIS No.46/2020), whereby, the order dated

03.12.2020 passed by Additional Chief Judicial Magistrate, Karauli

(Rajasthan) (the trial court) in Criminal Case No.1803/20

(319/2002, 138/94) (CIS No.1803/2020) convicting the petitioner

for offences under Sections 177, 179, 193, 205, 419, 420, 467,

468 and 471 of IPC, has been modified and the petitioner has

been convicted for offences under Sections 177, 179, 193, 205,

419 and 420 of IPC and sentenced to maximum term of two years

of imprisonment.

(2 of 2) [SOSA-314/2021]

It has been submitted by learned counsel for the

petitioner that the petitioner has been sentenced to maximum

term of two years of imprisonment for offences under Sections

177, 179, 193, 205, 419 and 420 of IPC. The petitioner was on

bail during trial as well as during pendency of the appeal and now,

he is in custody since 21.10.2021. 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 Shivshankar @ Atik S/o Shri Jagannath

Prasad shall remain suspended till disposal of this revision

petition and he 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 3 rd

January, 2022 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

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