Rajendra Son Of Shripat Gurjar vs State Of Rajasthan
2021 Latest Caselaw 5828 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S. B. Criminal Misc. Suspension of Sentence App. No.
                                 1040/2021

                                       In

                S.B. Criminal Appeal No. 1690/2021

 Rajendra Son Of Shripat Gurjar, Aged About 53 Years, Resident
 Of Devri, P.S. Masalpur, District Karauli (Rajasthan)
                                                                    ----Appellant
                                    Versus
 State Of Rajasthan, Through P.P
                                                                ----Respondent

For Appellant(s) : Mr. Brahm Singh Gurjar 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 appellant has filed the appeal along with

application for suspension of sentence.

3. The appeal has been preferred against the judgment

dated 29.09.2021 passed by court of learned Special Judge,

SC/ST (Prevention of Atrocities) Act Cases, Karauli (Raj.) in

sessions case No. 91/2017 (CIS No. 91/2017) by which the

appellant has been convicted for offence/s under Sections 447,

426, 323 of IPC, 3(1)(r) of SC/ST (Prevention of Atrocities) Act,

3(1)(s) of SC/ST (Prevention of Atrocities) Act and 3(2)(va) of

SC/ST (Prevention of Atrocities) Act, sentenced to maximum term

of one year and six months' imprisonment.

(2 of 2) [CRLAS-1690/2021]

4. It has been submitted by learned counsel for the

appellant that appellant has been sentenced to maximum of one

year and six months' imprisonment. As per certificate under Rule

311(3) of Rajasthan High Court Rules, 1952, appellant was on bail

during trial and presently, his sentence is suspended till

30.10.2021 by learned trial court. 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.

7. Taking into consideration the submissions of learned

counsel for the appellant 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-

appellant Rajendra Son Of Shripat Gurjar shall remain

suspended till disposal of this criminal appeal and he shall be

released on bail provided the appellant 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

Pooja /82

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