Rajasthan High Court
Rajkumar Son Of Shri Ramkunwar vs State Of Rajasthan on 21 October, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S. B. Criminal Suspension of Sentence App. No. 239/2021
In
S.B. Criminal Revision Petition No. 938/2021
Rajkumar Son Of Shri Ramkunwar, Resident Of Gopalpura Dhani,
Police Station Kotwali, District Sawai Madhopur (Rajasthan). (At
Present Accused Confined In District Jail Sawai Madhopur)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Amit Singh Shekhawat
For Respondent(s) : Mr. Yashwant Kankhadea, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
21/10/2021
1. Heard on application for suspension of sentence.
2. This application for suspension of sentence has been
filed by the petitioner against the judgment dated 04.09.2021,
passed by Additional Session Judge, Sawai Madhopur affirming the
judgment dated 08.09.2016 passed by Additional Chief Judicial
Magistrate, Sawai Madhopur in criminal case No. 261/2002, by
which the petitioner was convicted and sentenced as under:-
Under Section 420 IPC Two years SI and fine of Rs.2000/-,
In default further 15 days SI
Under Section 467 IPC Three years SI and fine of Rs.5000/-,
In default further one month SI
Under Section 468 IPC Three years SI and fine of Rs.5000/-,
In default further one month SI
Under Section 471 IPC Two years SI and fine of Rs.2000/-,
In default further 15 days SI
Under Section 419 IPC Two years SI and fine of Rs.2000/-,
In default further 15 days SI
Under Section 406 IPC One year SI and fine of Rs.1000/-,
In default further 7 days SI
(2 of 2) [CRLR-938/2021]
Under Section 120B IPC Two years SI and fine of Rs.2000/-,
In default further 15 days SI
3. It has been submitted that learned trial court as well as
Appellate Court have committed legal error in convicting and
sentencing the petitioner. As per certificate under Rule 311(3) of
Rajasthan High Court Rules, 1952, the petitioner was on bail
during trial as well as during pendency of the appeal. At present,
petitioner serving the sentence in District Jail, Sawai Madhopur
since 04.09.2021. Decision of the revision petition may take
considerable time.
4. Learned Public Prosecutor has opposed the application
for suspension of sentence.
5. On consideration of submissions made by learned
counsel for the petitioner and learned Public Prosecutor, perusal of
the record and looking into the overall facts and circumstances of
the case but without commenting upon merits of the case, this
application for suspension of sentence deserves to be allowed.
6. Accordingly, the application for suspension of sentence
is allowed and it is ordered that the sentence awarded to accused-
petitioner Rajkumar Son Of Shri Ramkunwar shall remain
suspended till disposal of this criminal revision petition and he
shall be released on bail provided the petitioner furnishes a
personal bond of Rs. 50,000/- (Fifty Thousand) and two sureties
of Rs.25,000/- (twenty five Thousand) each to the satisfaction of
the learned trial court for his appearance in this Court on
22.11.2021 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Pooja/41
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