Rajasthan High Court
Vishnu Son Of Bhambu vs State Of Rajasthan on 23 October, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal (SOS) Bail Application No.208/2021
In
S.B. Criminal Revision Petition No. 832/2021
Vishnu Son Of Bhambu, Aged About 50 Years, Resident Of Dhursi
Tehsil Hindaun, District Karauli (Raj) (At Present Accused
Petitioner Confined in District Jail Karuali)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Ashish Kumar Sharma
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
23/10/2021
1. Heard on application for suspension of sentence.
2. The petitioner has filed the revision petition along with
application for suspension of sentence.
3. The revision petition has been preferred against the
judgment dated 13.08.2021 passed by the court of Additional
Sessions Judge No.01, Hindaun City (the appellate court) in
Criminal Appeal No.156/2017 affirming the impugned judgment
and order dated 07.09.2017 passed by the court of Judicial
Magistrate Hindaun City, District Karauli (the trial court) in Regular
Criminal Case No.137/2006 (CIS No.811/2014) by which the
petitioner has been convicted for offence/s under Sections 424,
417 of IPC and sentenced to maximum term of six months simple
imprisonment.
(2 of 2) [CRLR-832/2021]
4. It has been submitted that the petitioner has been
sentenced for maximum term of six months. The prosecution
evidence suffers from material contradictions. Learned courts
below erred in convicting and sentencing the accused-petitioner.
As per Certificate under Rule 311 (3) of the Rajasthan High Court
Rules, 1952 the petitioner was on bail during trial as well as
during pendency of the appeal. Now, the petitioner has been
confined in Jail.
5. Learned Public Prosecutor has opposed the application
for suspension of sentence.
6. Heard learned counsel for the parties and scanned the
evidence available on record carefully.
7. Taking into consideration the submissions of learned
counsel for the parties and overall facts and circumstances of the
case but without commenting upon merits of the case, this Court
deems just and proper to allow the application for suspension of
sentence.
8. Accordingly, the application for suspension of sentence
is allowed and it is ordered that the sentence awarded to accused-
petitioner Vishnu Son Of Bhambu, shall remain suspended till
disposal of this revision petition and he shall be released on bail
provided the petitioner furnishes a personal bond of Rs. 50,000/-
(Fifty Thousand) and two sureties of Rs.25,000/- (Twenty Five
Thousand) each to the satisfaction of the learned trial Court for his
appearance in this Court on 23.11.2021 and as and when called
upon to do so.
(MANOJ KUMAR VYAS),J
Sunita/57
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