Sonu @ Surendra S/O Chotulal vs State Of Rajasthan
2021 Latest Caselaw 5769 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Criminal Misc. Suspension of Sentence
                         Application No.201/2021
                                          In
            S.B. Criminal Revision Petition No. 816/2021

1.     Sonu @ Surendra S/o Chotulal, R/o Kason Ka Mohalla,
       Ataru, Police Station Ataru, District Baran (Raj)
       (Presently Confined In Sub Jail Baran)
2.     Raju S/o Pushpchand, R/o Kason Ka Mohalla, Ataru, Police
       Station Ataru, District Baran,
       (Presently Confined In Sub Jail Baran)
                                                          ----Accused-Petitioners
                                        Versus
State Of Rajasthan, Through P.P.
                                                                   ----Respondent

For Petitioner(s) : Mr. Gorishanker Gautam For Respondent(s) : Mr. Ganesh Saini, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

22/10/2021

Heard on application for suspension of sentence.

Petitioners have filed the revision petition along with

application for suspension of sentence.

This revision petition has been preferred against the

judgment dated 07.08.2021 passed by Additional District and

Sessions Judge No.2, Baran (the Appellate Court) in Criminal

Appeal No.97/2018 (CIS No.172/2018), affirming the order dated

27.06.2016 passed by Additional Chief Judicial Magistrate, Ataru,

District Baran (the trial court) in Criminal Case No.842/2013, by

which the petitioner has been convicted for offence/s under

(2 of 3) [CRLR-816/2021]

Sections 457 and 380 of IPC and sentenced to maximum term of

two years imprisonment.

It has been submitted on behalf of learned counsel for the

petitioners that the learned Courts below have erred in convicting

and sentencing the petitioners. There is no cogent and reliable

evidence on record to connect the petitioners with crime. The

maximum sentence awarded is of two years of imprisonment.

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

has been placed on record, according which the petitioners were

on bail during trial as well as during pendency of appeal and at

present, they are in judicial custody since the date of judgment

i.e. 07.08.2021. Decision of the revision petition will take

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 petitioners, 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/petitioners Sonu @ Surendra S/o Chotulal and Raju

S/o Pushpchand shall remain suspended till disposal of this

revision petition and they be released on bail, provided each of

them furnishes a personal bond of Rs.50,000/- and two sureties of

(3 of 3) [CRLR-816/2021]

Rs.25,000/- each to the satisfaction of the learned trial Court for

their appearance in this Court on 23 rd November, 2021 and as and

when called upon to do so.

(MANOJ KUMAR VYAS),J

Hemant/36

Powered by TCPDF (www.tcpdf.org)