Dinesh Son Of Ramnarain vs State Of Rajasthan
2021 Latest Caselaw 5508 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

        S.B. Criminal Misc. Suspension of Sentence Application
                                    No.898/2021

                                            In

                    S.B. Criminal Appeal No. 1472/2021

1.        Dinesh Son of Ramnarain,
2.        Mukesh Son of Ramnarain,
3.        Kamlesh Wife of Mukesh,
          All    Resident      of    Village      Chatrapura,        Police   Station
          Indergarh, Bundi District Bundi Rajasthan
          (At Present Confined In Central Jail, Bundi District Bundi)
                                                                      ----Appellants
                                        Versus
State Of Rajasthan, Through P.P
                                                                     ----Respondent

For Appellant(s)              :     Mr. Nitin Jain
For Respondent(s)             :     Mr. B.S. Sharma, PP
                                    Mr. Raghvendra Singh

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 the Court of Additional Sessions

Judge No.1, Bundi vide its judgment dated 18.09.2021 in Sessions Case

No.11/2014 CIS No. 677/2014.

Learned counsel for the applicants/appellants has submitted

that during trial, applicants were on bail and they are in judicial custody

since 18.09.2021. Hence, sentence awarded to the

applicants/appellants may be suspended during the pendency of the

appeal.

(2 of 2) [Sosa 898/2021]

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 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 Dinesh S/o

Ramnarain, Mukesh S/o Ramnarain and Kamlesh W/o Mukesh 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 29.10.2021, thereafter, as and when called upon to do so.

(CHANDRA KUMAR SONGARA),J

ashu /47

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