Rajasthan High Court
Shiv Singh Son Of Shri Narayan vs State Of Rajasthan on 20 October, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Bail Application For Suspension of Sentence
No.248/2021
In
S.B. Criminal Revision Petition No. 953/2021
1. Shiv Singh Son Of Shri Narayan, Aged About 30 Years
2. Prithvi Son Of Shri Ramkishan, Aged About 65 Years,
Both are Resident Of Singhan Kala, Police Station Sadar
Hindaun, District Karauli (Rajasthan).
(Both are presently lodged In District Jail, Karauli)
----Petitioners
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Amir Aziz
For Respondent(s) : Mr. Bhawani Shankar Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
20/10/2021
Heard on application for suspension of sentence.
This revision petition has been filed by the petitioners
against the order dated 08.09.2021 passed by the Additional
Sessions Judge No.1, Hindaun City, Rajasthan, affirming the
impugned order dated 14.07.2017, passed by the Court of
Additional Civil Judge and Judicial Magistrate No.1, Hindaun City,
in Criminal Case No.276/2011 (CIS No.1041/2014), by which the
petitioners were convicted and sentenced.
Accused-petitioner Shiv Singh has been sentenced as
under :-
(2 of 3) [CRLR-953/2021]
U/s 323 of IPC - Simple imprisonment of two
months and fine of Rs.1,000/- in
default of payment of fine, further
to undergo simple imprisonment
of ten days additionally
U/s 341 of IPC - Simple imprisonment of one
month and fine of Rs.500/- in
default of payment of fine, further
to undergo simple imprisonment
of five days additionally
U/s 326 of IPC - Simple imprisonment of three
years and fine of Rs.5,000/- in
default of payment of fine, further
to undergo simple imprisonment
of one month additionally
Accused-petitioner Prithvi has been sentenced as under :-
U/s 323 of IPC -Simple imprisonment of two
months and fine of Rs.1,000/- in
default of payment of fine, further
to undergo simple imprisonment
of ten days additionally
U/s 341 of IPC - Simple imprisonment of one
month and fine of Rs.500/- in
default of payment of fine, further
to undergo simple imprisonment
of five days additionally
U/s 326/34 of IPC - Simple imprisonment of three
years and fine of Rs.5,000/- in
default of payment of fine, further
to undergo simple imprisonment
of one month additionally
Sentences awarded to both the revisionists are to run
concurrently.
It has been submitted on behalf of the petitioners that the
petitioners were on bail during trial. Now, they are in judicial
custody from date of judgment of the Appellate Court dated
08.09.2021. The injury for which they have been convicted under
Section 326 of IPC, has been alleged to be caused on index finger
of the injured. There is no injury on any vital part of the body.
Decision of the petition will take considerable time.
Heard learned counsel for the petitioners as well as learned
Public Prosecutor and scanned the evidence available on record
carefully.
(3 of 3) [CRLR-953/2021]
Taking into consideration the submissions of learned counsel
for the petitioners, 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/petitioners Shiv Singh S/o Shri Narayan and Prithvi
S/o Shri Ramkishan, in Criminal Case No.276/2011 (CIS
No.1041/2014), shall remain suspended till disposal of this
revision petition and they be released on bail, provided each of
them 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
their appearance in this Court on 20th November, 2021 and as and
when called upon to do so.
(MANOJ KUMAR VYAS),J
Hemant/38
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