Citation : 2021 Latest Caselaw 6995 Raj/2
Judgement Date : 29 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.331/2021
IN
S.B. Criminal Revision Petition No. 1253/2021
Rajan Singh Son of Shri Darelal, Resident of Ward No. 24, Town
Rajakhera, District Dholpur (At Present In District Jail, Dholpur)
----Accused-Petitioner
Versus
State of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Anil Jain
For Respondent(s) : Mr. Imran Khan, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
29/11/2021
This suspension of sentence application has been filed by the
applicant seeking suspension of his sentence.
Learned counsel for the applicant has contended that the
applicant was convicted by the Trial Court vide its judgment dated
12.03.2019 for the offence under Section(s) 323, 341, 326/34 IPC
and sentenced as under:-
For offence under Section 323 IPC- Simple Imprisonment of three
months.
For offence under Section 341 IPC- Simple Imprisonment of fifteen
days.
For offence under Section 326 IPC- Simple Imprisonment of two
years with a fine of Rs.10,000/-; in default of payment of fine, to
further undergo Simple Imprisonment of one month.
(2 of 2) [SOSR-331/2021]
The appellant-applicant thereafter filed an appeal, but the
appellate Court vide its judgment dated 23.10.2021 dismissed the
appeal and affirmed the judgment passed by the Trial Court.
Learned counsel further submits that the accused petitioner
was on bail during trial as well as during appeal and at present he
is behind bars. The hearing of the criminal revision petition may
take long time thus, the sentence awarded to the applicant may
be suspended during the pendency of the petition.
Learned Public Prosecutor has opposed same.
Having heard the learned counsel appearing for the
respective parties and carefully scanned the entire material
available on record, this suspension of sentence application filed
by the applicant is allowed and it is ordered that execution of
sentence awarded to accused applicant Rajan Singh S/o Shri
Darelal by the Trial Court and affirmed by the Appellate Court
shall remain suspended during the pendency of the petition,
provided he furnishes a personal bond of Rs. 1,00,000/- (Rs. One
Lakh) with two sureties of Rs.50,000/- (Rupees Fifty Thousand)
each before the concerned Trial Court to the satisfaction of the
learned trial court with the stipulation that he shall appear before
this Court on 3rd January, 2022 and thereafter as and when called
upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /39
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