Bhagirath @ Pintu Son Of Shri Shyam ... vs State Of Rajasthan
2021 Latest Caselaw 5707 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

         S.B. Criminal Misc. Application for Suspension of
                       Sentence No.783/2021
                                       In
                S.B. Criminal Appeal No. 1344/2021

Bhagirath @ Pintu Son Of Shri Shyam Lal, Resident Of Village
Nohara, Police Station Kanchanpur, District Dholpur (Raj)

(At Present In District Jail, Dholpur)
                                                         ----Accused-Appellant
                                   Versus

State Of Rajasthan, Through P.P.

                                                                ----Respondent

For Appellant(s)         :     Mr. Udit Sapra for
                               Mr. Dushyant Jain
For Respondent(s)        :     Mr. Imran Khan, PP
                               Mr. Sanjay Sharma


         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
                                    Order
21/10/2021

Heard on application for suspension of sentence.

The appellant has filed the appeal along with application for

suspension of sentence.

The appeal has been preferred against the judgment of

conviction and sentence dated 26.08.2021 passed by the Court of

Additional Sessions Judge, Badi, Dholpur in Sessions Case

No.11/2015, by which the appellant has been convicted under

Sections 308 and 447 of IPC and sentenced to maximum term of

four years.

It has been submitted on behalf of counsel for the appellant

that all the injuries are on non-vital part of the body of injured

(2 of 2) [CRLAS-1344/2021]

P.W.8 Deendayal. No injury has been caused on the vital part of

the body which can be termed as dangerous to life. As per

certificate under Rule 311(3) of the Rajasthan High Court Rules,

the petitioner was on bail during trial. Now, he is in judicial

custody from the date of passing of judgment i.e. 26.08.2021.

Decision of the appeal may consume considerable time.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Taking into consideration the submissions of learned counsel

for the appellant, evidence available on record and overall facts

and circumstances of the case but without commenting upon

detailed merits of the case, this Court deems 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-

appellant Bhagirath @ Pintu S/o Shri Shyam Lal shall remain

suspended till disposal of this criminal appeal and he shall be

released on bail, provided the appellant 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 his appearance in this

Court on 22nd November, 2021 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/61

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