Rajendra Prasad Jain S/O ... vs State Of Rajasthan
2021 Latest Caselaw 5768 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Criminal Misc. Suspension of Sentence

                         Application No.246/2021

                                          In

               S.B. Criminal Revision No. 947/2021


Rajendra Prasad Jain S/o Kanhaiyalal Jain, Aged About 58 Years,
R/o Village Bhanokhar, Via Ronejathan, Police Station Kathumar,
District Alwar (Raj)

(Presently Confined At District Jail Alwar)
                                                           ----Accused/Petitioner

                                      Versus

State Of Rajasthan, Through P.P.

                                                                   ----Respondent

For Petitioner(s)           :     Mr. P.S. Rajawat
For Respondent(s)           :     Mr. Yashwant Kankhadia, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                       Order
22/10/2021

Heard on application for suspension of sentence.

The petitioner has filed the revision petition along with

application for suspension of sentence.

This revision petition has been preferred against the

judgment dated 07.09.2021 passed by the court of Additional

District and Sessions Judge No.1, Alwar (the Appellate Court) in

Criminal Appeal No.60/2014(CIS No.953/14), affirming the order

dated 15.10.2014 passed by Additional Senior Civil Judge and

(2 of 3) [CRLR-947/2021]

Additional Chief Judicial Magistrate No.2, Alwar (the trial court) in

Criminal Case No.23/281/2012, by which the petitioner has been

convicted for offence/s under Section 420 of IPC and sentenced to

maximum term of three years imprisonment.

It has been submitted on behalf of learned counsel for the

petitioner that the petitioner has been acquitted under Section

406 of IPC and he has been convicted under Section 420 of IPC

and sentenced to maximum term of three years of imprisonment.

The matter is of civil in nature. Civil suit is also pending. As per

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

the petitioner was on bail during trial as well as during pendency

of appeal and now, he is in judicial custody since 07.09.2021.

Decision of the revision petition will consume considerable time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Taking into consideration the submissions of learned counsel

for the petitioner, overall facts and circumstances of the case but

without commenting upon detailed merits of the case, this Court

deems it 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/petitioner Rajendra Prasad Jain S/o Kanhaiyalal Jain

shall remain suspended till disposal of this revision petition and he

be released on bail, provided the petitioner furnishes a personal

bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the

(3 of 3) [CRLR-947/2021]

satisfaction of the learned trial Court for his appearance in this

Court on 23rd November, 2021 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/41

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