Babu Lal S/O Shankar Lal vs State Of Rajasthan
2021 Latest Caselaw 5774 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

  S.B. Criminal Misc. Suspension of Sentence App. No.189/2021
                                In
           S.B. Criminal Revision Petition No. 780/2021

Babu Lal S/o Shankar Lal, Aged About 48 Years, Resident Of Bus
Stand Seeswali Road, P.S. Seeswali Dist. Baran.

(Presently Confined At Dist. Jail Baran)

                                                           ----Petitioner/Accused
                                      Versus
State Of Rajasthan, Through PP
                                                                   ----Respondent

For Petitioner(s) : Mr. Surendra Sharma through VC 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.

The petitioner has filed the revision petition along with

application for suspension of sentence.

This revision petition has been preferred against the

judgment dated 26.07.2021 passed by District and Sessions

Judge, Baran in Regular Appeal No.52/2020 (the Appellate Court)

modifying the order dated 15.07.2020 passed by Additional Chief

Judicial Magistrate, Mangrol, District Baran (the trial court) in

Criminal Case No.331/2009, by which the petitioner has been

convicted for offence/s under Sections 279, 304A, 337 and 338 of

IPC and sentenced to maximum term of one year and six months

imprisonment.

It has been submitted on behalf of learned counsel for the

petitioner that the learned Courts below have committed legal

(2 of 2) [CRLR-780/2021]

error in convicting and sentencing the petitioner. The maximum

sentence awarded to the petitioner is of one year and six months

of imprisonment. Certificate under Rule 311(3) of the Rajasthan

High Court Rules has been placed on record, according to which

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

of appeal and now, he is in judicial custody since date of judgment

i.e. 26.07.2021. 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 Babu Lal S/o Shankar Lal 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

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

so.

(MANOJ KUMAR VYAS),J

Hemant/35

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