Hanuman Sahai S/O Gullaram vs State Of Rajasthan
2021 Latest Caselaw 5822 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

         S.B. Criminal Misc. Bail Application No.241/2021
                (Suspension of Sentence Application)
                                          In
            S.B. Criminal Revision Petition No. 940/2021
Hanuman Sahai S/o Gullaram, Aged About 34 Years, R/o Jhadala
Ki Natta Police Station Amer, District Jaipur, Rajasthan
                                                           ----Accused/Petitioner
                                      Versus
State Of Rajasthan, Through Public Prosecutor
                                                                   ----Respondent

For Petitioner(s) : Mr. Pratush Choudhary Mr. Rajendra Singh Rajawat 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 02.09.2021 passed by the court of Additional

District Judge No.3, Jaipur Metropolitan First (the appellate court)

in Criminal Appeal No.35/2018(CIS No.1057/2018), affirming the

order dated 05.07.2018 passed by Additional Chief Metropolitan

Magistrate No.18, Jaipur Metropolitan Amer (the trial court) in

Criminal Case No.138/2017(1893/2014), by which the petitioner

has been convicted for offence/s under Sections 279, 337, 338

and 304A of IPC and sentenced to maximum term of one year

imprisonment.

(2 of 2) [CRLR-940/2021]

It has been submitted on behalf of learned counsel for the

petitioner that the learned Courts below have erred in convicting

and sentencing the petitioner. The maximum sentence awarded to

the petitioner is of one year. The petitioner was on bail during trial

as well as during pendency of appeal and now, he is in judicial

custody since 02.09.2021. Decision of the revision petition will

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 parties, 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 Hanuman Sahai S/o Gullaram, 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

Hemant/61

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