Citation : 2021 Latest Caselaw 7052 Raj/2
Judgement Date : 30 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.299/2021
In
S.B. Criminal Revision Petition No. 1114/2021
Raees S/o Allarakha, Aged About 40 Years, Resident Of Todapol,
P.S. Nainwa, District Bundi (Raj.)
(Presently In District Jail Sawaimadhopur)
----Accused-Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Deepak Khandelwal For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
30/11/2021
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 31.03.2021 passed by the court of Sessions
Judge, Sawaimadhopur (the appellate court) in Criminal Appeal
No.47/2019, affirming the order dated 28.06.2019 passed by
Judicial Magistrate, Sawaimadhopur (the trial court) in Criminal
Case No.294/2008, by which the petitioner has been convicted for
offence/s under Section 379 of IPC and sentenced to maximum
term of two years imprisonment.
(2 of 2)
It has been submitted on behalf of the petitioner that the
petitioner was convicted and sentenced for offence under Section
379 of IPC to a maximum term of two years. During trial as well
as during pendency of appeal, he was on bail and now, he is in
judicial custody since 14.09.2021. Hearing of 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 parties, 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 Raees S/o Allarakha 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 03 rd January,
2022 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Aks/Hemant/-34
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