Rajasthan High Court
Baluram S/O Mool Chand vs State Of Rajasthan on 1 October, 2021
Bench: Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Bail (Suspension of Sentence) Application
No.228/2021
In
S.B. Criminal Revision Petition No. 900/2021
Baluram S/o Mool Chand, Resident Of Hans Mehal, Police Station
Bassi, District Jaipur (Raj) (At Present Confined In Central Jail,
Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Rajneesh Gupta, Advocate with
Mr. Rahul Sharma, Advocate
For Respondent(s) : Mr. Ramesh Choudhary, Public
Prosecutor
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
01/10/2021
Instant application for suspension of sentence has been
preferred on behalf of the petitioner/applicant under Section 389 of
Cr.P.C. to suspend the sentence awarded by the Court of Additional
Chief Metropolitan Magistrate No.13, Bassi, Jaipur Metropolitan, Jaipur
vide its judgment dated 19.02.2020 in Criminal Case No.614/2015 and
confirmed by the Court of Additional Sessions Judge No.9, Jaipur
Metropolitan-I, Jaipur vide its judgment dated 27.08.2021 in Criminal
Appeal No.27/2020 (CIS No.354/2020).
Learned counsel for the petitioner/applicant submits that the
applicant was on bail during trial and he never misused the liberty
granted to him. Counsel submits that the applicant is in judicial costody
(2 of 2) [SOSA-228/2021 in CRLR-900/2021]
since 27.08.2021. Counsel further submits that the revision petition will
take a considerable time. Hence the sentence awarded to the applicant
may kindly be suspended during pendency of the revision petition.
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 petitioner/applicant
as well as learned Public Prosecutor and perused the material made
available on record.
Considering the submissions made by learned counsel for
the petitioner/applicant 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 petitioner/applicant.
Accordingly, the application for suspension of sentence is
allowed and it is ordered that execution of the sentence awarded to
the petitioner/applicant, namely Baluram S/o Mool Chand by both the
learned Courts below shall remain suspended during the pendency of
this revision petition, provided he 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 trial Court with the stipulation that he shall
appear before this Court on 09.11.2021 and thereafter, as and when
called upon to do so.
(CHANDRA KUMAR SONGARA),J
Ashish Kumar /63
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