Sanjay Kumar Son Of Shri Gopilal vs State Of Rajasthan
2021 Latest Caselaw 5723 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

       S.B. Criminal Misc. (SOS) Application No.214/2021
                                       In
           S.B. Criminal Revision Petition No. 854/2021
Sanjay Kumar Son Of Shri Gopilal, Aged About 38 Years,
Resident Of Bahnoli Police Station Bonli District Sawaimadhopur.
At Present In District Jail, Sawaimadhopur
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through The PP
                                                                ----Respondent

Connected With S.B. Criminal Misc. (SOS) Application No.211/2021 In S.B. Criminal Revision Petition No. 846/2021 Veer Singh S/o Girraj, Aged About 33 Years, R/o Village Didwadi, Police Station Bonli, District Sawaimadhopur (Confined In District Jail Sawaimadhopur)

----Petitioner Versus State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s) : Mr. Jaswant Singh Rathore for Mr. Harendra Singh Mr. Rajeev Kumar Sogarwal For Respondent(s) : Mr. Bhawani Shankar Sharma, PP

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

1. Heard on the applications for suspension of sentence.

2. These revision petitions have been preferred against the judgment of learned Appellate Court dated 17.07.2019 dismissing the appeal against the judgment of conviction and sentence dated 18.08.2021 passed by learned District and Sessions Judge, Sawaimadhopur, whereby, the accused-petitioners were convicted and was sentenced as under:-

(2 of 2) [CRLR-854/2021]

Under Section 19/54 of RE Act, 1950 Three Years S.I. with Fine of Rs.5000/- and in Default Two Months Additional S.I.

Under Section 54D of RE Act, 1950 Three Years S.I. with Fine of Rs.5000/- and in Default Two Months Additional S.I.

3. It has been submitted that the petitioners have been sentenced to maximum three years of imprisonment. They have already served about six months sentence. There are several legal infirmities in the judgment of learned trial court. Decision of the revision petitions 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 petitioners 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, these applications for suspension of sentence deserve to be allowed.

6. Accordingly, the applications for suspension of sentence are allowed. It is ordered that the sentence awarded to accused- petitioners Sanjay Kumar S/o Shri Gopilal and Veer Singh S/o Girraj in Criminal Case No.167/2015 shall remain suspended till disposal of these criminal revision petitions and they shall be released on bail provided the petitioners furnish 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 22nd November, 2021 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Sunita/14-15

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