Jugraj @ Yuvraj Son Of Devishankar vs State Of Rajasthan
2021 Latest Caselaw 5505 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S.B. Criminal Miscellaneous Suspension of Sentence Application
                              No. 958/2021

                                       In

                   Criminal Appeal No. 1542/2021

1.      Jugraj @ Yuvraj Son Of Devishankar, Resident Of Mawasa,
        Police Station Kaithun, District Kota (Raj)
2.      [email protected] Birdhilal Son Of Nandaji @ Nandlal, Resident Of
        Mawasa, Police Station Kaithun, District Kota (Raj)
                                                                 ----Appellants
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Appellant(s) : Mr. Nitin Kumar Sharma, Advocate For Respondent(s) : Mr. B.S. Sharma

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

01/10/2021

This application for suspension of sentence has been preferred on

behalf of the applicants/appellants under Section 389 of Cr.P.C. to

suspend the sentence awarded by Additional Sessions Judge, No. 6,

Kota (Raj.) vide its judgment dated 02.09.2021 in Criminal Case

No.151/2012, CIS No. 86179/2014.

Learned counsel appearing for the applicants/appellants submits

that the applicants/appellants were on bail during trial and at present

sentences of applicants/appellants have been suspended by learned trial

Court. Presently they are on bail and are not confined in jail. Hence,

sentence awarded to the applicants/appellants may be suspended

during pendency of the appeal.

(2 of 2)

On the other hand, learned Public Prosecutor appearing for the

State, has opposed the application for suspension of sentence.

Heard learned counsel appearing for the applicants/appellants as

well as learned Public Prosecutor and perused the material made

available on record.

Considering the submissions made by learned counsel appearing

for the applicants/appellants and taking into consideration overall facts

and circumstances of the case; but, without expressing any opinion on

the merits and demerits of the case, this court deems it just and proper

to suspend the sentence awarded to the applicants/appellants.

Accordingly, the application for suspension of sentence is allowed

and it is ordered that execution of the sentence awarded by the trial

court to the applicants/appellants, namely Jugraj @ Yuvraj Son Of

Devishankar and [email protected] Birdhilal Son Of Nandaji @ Nandlal shall

remain suspended during the pendency of appeal; provided each of

them furnishes a personal bond in the sum of Rs.1,00,000/- with two

sureties in the sum of Rs.50,000/- each to the satisfaction of the

learned trial Court with the stipulation that they shall appear before this

Court on 09/11/2021 thereafter as and when called upon to do so.

(CHANDRA KUMAR SONGARA),J

PAYAL/54

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