Rajasthan High Court
Banshilal S/O Shri Mohanlal vs State Of Rajasthan on 21 October, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S. B. Criminal Misc. Suspension of Sentence App. No. 258/2021
In
S.B. Criminal Revision Petition No. 970/2021
Banshilal S/o Shri Mohanlal, Resident Of Bhandawas, Police
Station Sawar, District Ajmer (Raj) (At Present Confined In Sub
Jail, Kekri, District Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through P.P
----Respondent
For Petitioner(s) : Mr. Praveen Kumar Jain
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 14.09.2021,
passed by Additional District and Session Judge No. 02, Kekri
(Ajmer) affirming the judgment dated 05.10.2020 passed by Civil
Judge (JD) and Judicial Magistrate, Kekri, District Ajmer (Raj.) in
criminal case No. 40/2008, by which the petitioner was convicted
and sentenced as under:-
Under Section 279 IPC Two months SI and fine of Rs.1000/-,
In default further 10 days SI
Under Section 337 IPC Two months SI and fine of Rs.500/-,
In default further 10 days SI
Under Section 338 IPC Six months SI and fine of Rs.1000/-,
In default further 20 days SI
(2 of 2) [SOSR 258/2021]
Under Section 304-A IPC One year SI and fine of Rs.1000/-,
In default further One month SI
3. It has been submitted that petitioner has been
sentenced to one year imprisonment under Section 304-A IPC. He
is in custody since 14.09.2021. 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 as well as during
pendency of the appeal. Now at present, he is in judicial custody
since 14.09.2021. 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 Banshilal S/o Shri Mohanlal, 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/43
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