Harlal S/O Narayan vs State Of Rajasthan
2021 Latest Caselaw 5818 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 885/2021

                                        IN

                 S.B. Criminal Appeal No. 1448/2021

1.     Harlal S/o Narayan,
2.     Hajari Lal S/o Narayan,
3.     Ramprakash S/o Narayan,
4.     Dhanraj S/o Narayan,
5.     Naresh Kumar S/o Hajari Lal,
       All    residents    Of    Village      Kanwarpura,        Police   Station
       Namana, District Bundi (Raj)
       (At Present Confined In District Jail, Bundi)
                                                                  ----Appellants
                                    Versus
State Of Rajasthan, Through The P.P
                                                                 ----Respondent

For Appellant(s) : Mr. Gopendra Singh Shekhawat 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 appellants have filed the appeal along with

application for suspension of sentence.

3. The appeal has been preferred against the judgment

dated 07.09.2021 passed by court of the learned Additional

Sessions Judge No. 1, Bundi (Raj.) in sessions case No.

1088/2014 (CIS No. 1088/2014) by which the appellants have

been convicted for offence/s under Sections 148, 341, 323,

(2 of 3) [CRLAS-1448/2021]

325/149, 326, 326/149, 308 and 308/149 of IPC and sentenced to

maximum term of five years imprisonment.

4. It has been submitted by learned counsel for the

appellants that learned trial court has erred in convicting and

sentencing the appellants. There is no cogent and reliable

evidence on record. PW5, 6 and 7 have turned hostile. Maximum

sentence awarded to the appellants for offence under Sections 308

and 308/149 is of five years imprisonment. As per certificate

under Rule 311(3) of Rajasthan High Court Rules, 1952,

appellants were on bail during trial and at present they are

confined in District Jail, Bundi from the date of judgment i.e.

07.09.2021. Decision of appeal may take considerable time.

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.

7. Taking into consideration the submissions of learned

counsel for the appellants, evidence available on record 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-

appellants 1. Harlal S/o Narayan 2. Hajari Lal S/o Narayan

3. Ramprakash S/o Narayan 4. Dhanraj S/o Narayan and 5.

Naresh Kumar S/o Hajari Lal shall remain suspended till disposal

of this criminal appeal and they shall be released on bail provided

(3 of 3) [CRLAS-1448/2021]

each of them furnishes a personal bond of Rs. 1,00,000/- (Rupees

One Lakh) and two sureties of Rs.50,000/- (Rupees Fifty

Thousand) each to the satisfaction of the learned trial Court for

their appearance in this Court on 23.11.2021 and as and when

called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja/75

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