Rampat Singh S/O Heera Lal vs State Of Rajasthan
2021 Latest Caselaw 5513 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S.B. Criminal Miscellaneous Suspension of Sentence Application
                              No. 919/2021

                                       In

                S.B. Criminal Appeal No. 1498/2021

Rampat Singh S/o Heera Lal, R/o Nagla Jasaula, Police Station
Kagarol, District Agra. At Present R/o 22/393, Pushp Vatika
Colony, Bharatpur. The Then Patwari Halka Dhour Tehsil And
District Bharatpur, Rajasthan
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through Assistant Director Prosecution ACB
                                                                ----Respondent

For Appellant(s) : Mr. Anshul Sharma, Advocate For Respondent(s) : Mr. B.S. Sharma, PP

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

01/10/2021

This application for suspension of sentence has been preferred on

behalf of the applicant/appellant under Section 389 of Cr.P.C. to

suspend the sentence awarded by Special Judge, Prevention of

Corruption Act, Bharatpur vide its judgment dated 17.09.2021 in

Criminal Case No.136/2014 (15/2005).

Learned counsel appearing for the applicant/appellant submits

that the applicant/appellant was on bail during trial and his sentence

has already been suspended by the learned trial court for a period of

one month. Hence, sentence awarded to the applicant/appellant 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 applicant/appellant as

well as learned Public Prosecutor and perused the material made

available on record.

Considering the submissions made by learned counsel appearing

for the applicant/appellant and 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 applicant/appellant.

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 applicant/appellant, namely Rampat Singh S/o Heera Lal

shall remain suspended during the pendency of appeal; 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 learned trial

Court with the stipulation that he shall appear before this Court on

08.11.2021 thereafter as and when called upon to do so.

(CHANDRA KUMAR SONGARA),J

PAYAL/52

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