Satish @ Santya @ Sant Kumar Son Of ... vs State Of Rajasthan
2021 Latest Caselaw 5813 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

     S.B. Criminal Misc. Bail (SOS) Application No.221/2021

                                          In

            S.B. Criminal Revision Petition No. 873/2021

Satish @ Santya @ Sant Kumar Son Of Ramcharan, Resident Of
Badora, Police Station Mothpur, District Baran (Rajasthan)
(Presently Confined In Jail At Baran)
                                                                           ----Petitioner
                                      Versus
State Of Rajasthan, Through P.P.
                                                                         ----Respondent

For Petitioner(s)           :     Mr. Rajneesh Gupta
For Respondent(s)           :     Mr. Imran Khan, PP


           HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
                           Order

23/10/2021

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 24.08.2021 passed by learned Additional District

and Sessions Judge, Atru, District Baran (the appellate court) in

Criminal Appeal No.86/2020, affirming the order dated

24.09.2019 passed by the court of Judicial Magistrate, Atru,

District Baran (the trial Court) in Criminal Misc. Case No.373/2008

(CIS No.276/2014), by which the petitioner has been convicted for

offence/s under Sections 332, 353, 172 of IPC and Section 3 of

PDPP Act and sentenced to maximum term of three months

imprisonment.

(2 of 2) [CRLR-873/2021]

It has been submitted by learned counsel for the petitioner

that the petitioner has been sentenced maximum three months of

simple imprisonment by the appellate court. There are several

material contradictions in the prosecution evidence. 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.

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 Satish @ Santya @ Sant Kumar Son Of

Ramcharan, 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 23 rd November, 2021 and as and

when called upon to do so.

(MANOJ KUMAR VYAS),J

Sunita/58

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