Sitaram S/O Shri Ramlal vs State Of Rajasthan
2021 Latest Caselaw 5717 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 262/2021

                                       In

          S.B. Criminal Revision Petition No. 1000/2021

Sitaram S/o Shri Ramlal, R/o Khayaliyo Ke Dhani Tan Piproli,
Police Station Raghunathgarh, District Sikar (Raj)
(At Present Confined In District Jail, Sikar)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                                                ----Respondent

For Petitioner(s)        :     Mr. Vinay Pal Yadav
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 order dated 17.09.2021, passed

by Additional Session Judge No. 4, Sikar affirming the judgment

dated 22.02.2018 passed by Judicial Magistrate Sikar in criminal

case No. 31/2006, by which the petitioner was convicted and

sentenced as under:-

Under Section 332 IPC Two years SI and fine of Rs.500/-, In default further 7 days SI Under Section 353 IPC One year SI and fine of Rs.500/-, In default further 7 days SI Under Section 3 PDPP Act Six months RI and fine of Rs.1,000/-, In default further 7 days SI

(2 of 2) [SOSR 262/2021]

3. It has been submitted that learned trial Court as well as

Appellate Court erred in convicting and sentencing the petitioner

for offence under Section 332, 353 and 394 of IPC and under

Section 3 PDPP Act. There are material contradiction in the

prosecution evidence. Medical evidence is also contradictory to

the prosecution evidence. As per certificate under Rule 311(3) of

Rajasthan High Court Rules, 1952, it has been stated that the

petitioner was on bail during trial and during pendency of the

appeal. Now at present he is confined in District Jail, Sikar since

17.09.2021. 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 to 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 Sitaram S/o Shri Ramlal, 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/46

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