Maliram Jat S/O Shri Bheruram Jat vs State Of Rajasthan
2021 Latest Caselaw 5772 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

               S.B. Criminal Misc. Suspension of Sentence
                            Application No.230/2021
                                             In
              S.B. Criminal Revision Petition No. 908/2021

Maliram       Jat   S/o     Shri      Bheruram         Jat,     Resident    Of     Dhani
Natwadiyon Ki, Ward No. 6, Shahpura, Police Station Shahpura,
District Jaipur (Raj)
(At Present Confined In Central Jail At Jaipur)
                                                              ----Accused-Petitioner
                                         Versus
State Of Rajasthan, Through P.P.
                                                                        ----Respondent

For Petitioner(s)              :     Mr. Gaurav Gupta
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 03.09.2021 passed by the court of Additional

Sessions Judge, Dudu, District Jaipur (the appellate court) in

Criminal Appeal No.122/2018(43/2017) (NCV No.122/2018) by

which the order dated 14.07.2017 passed by the court of

Additional Chief Judicial Magistrate, Dudu, District Jaipur (the trial

court) in Criminal Case No. 1285/2015 (223/1998) (NCV

No.4949/2015) convicting the petitioner under Sections 279, 337

(2 of 3) [CRLR-908/2021]

and 304A of IPC and sentencing him to maximum term of two

years imprisonment, has been upheld.

It has been submitted on behalf of learned counsel for the

petitioner that the learned Courts below have committed legal

error in convicting and sentencing the petitioner. There is no

reliable evidence on record against the present petitioner. The

prosecution evidence suffers from material contradictions and

infirmities. 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 at present, he is in judicial custody

since 03.09.2021. Decision of the revision petition is likely to

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 Maliram Jat S/o Shri Bheruram Jat 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

satisfaction of the learned trial Court for his appearance in this

(3 of 3) [CRLR-908/2021]

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

so.

(MANOJ KUMAR VYAS),J

Hemant/39

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