Satyanarayan Son Of Banna Lal vs State Of Rajasthan
2021 Latest Caselaw 5775 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Criminal Misc. Suspension of Sentence

                         Application No.231/2021

                                          In
            S.B. Criminal Revision Petition No. 909/2021

Satyanarayan Son Of Banna Lal, Resident Of Borada, Police
Station Sarwad, District Ajmer (Raj)
(At Present In Central Jail, Ajmer)
                                                           ----Accused/Petitioner
                                      Versus
State Of Rajasthan, Through P.P.
                                                                    ----Respondent

For Petitioner(s) : Mr. Rajesh Kumar Sharma 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 18.08.2021 passed by Additional District and

Sessions Judge No.2, Kekri, Ajmer in Criminal Appeal

No.149/2018(99/2012) (CIS No.163/2014), affirming the order

dated 05.11.2012 passed by Judicial Magistrate, First Class,

Sarwad, District Ajmer (the trial court) in Criminal Case No.74/09,

by which the petitioner has been convicted for offence/s under

(2 of 3) [CRLR-909/2021]

Sections 279, 337 and 304A of IPC and sentenced to maximum

term of two years imprisonment.

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 18.08.2021. 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 Satyanarayan S/o Banna 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

(3 of 3) [CRLR-909/2021]

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

so.

(MANOJ KUMAR VYAS),J

Hemant/40

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