Khemsingh S/O Govind Singh vs State Of Rajasthan
2021 Latest Caselaw 5814 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

        S.B. Criminal Misc. (SOS) Application No.173/2021

                                           In

             S.B. Criminal Revision Petition No. 691/2021

Khemsingh S/o Govind Singh, R/o Newada, Police Station
Halaina District Bharatpur (Raj) (Confined In Central                               Jail
Bharatpur)
                                                                         ----Petitioner
                                        Versus
State Of Rajasthan, Through P.P
                                                                     ----Respondent

For Petitioner(s) : Mr. Navankur Debey 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 22.10.2019 passed by the court of Additional

Session Judge No.4, Bharatpur (the appellate court) in Criminal

Appeal No.27/2018, affirming the order dated 30.01.2018 passed

by Additional Chief Judicial Magistrate Nadbai, District Bharatpur

(the trial court) in Criminal Case No.437/2017, by which the

petitioner has been convicted for offence/s under Section 379 of

IPC and sentenced to maximum term of three years

imprisonment.

(2 of 2) [CRLR-691/2021]

It has been submitted that 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

the appeal. Now, he is confined at Central Jail, Bharatpur.

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 Khemsingh S/o Govind Singh, 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

Sunita/54

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