Rajasthan High Court
Ayan Singh @ Monu Kumar S/O Shri ... vs State Of Rajasthan on 25 October, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S. B. Criminal Misc. Suspension of Sentence App. No. 255/2021
IN
S.B. Criminal Revision Petition No. 964/2021
Ayan Singh @ Monu Kumar S/o Shri Prakash, Aged About 24
Years, Resident Of House No. 216, Subhash Colony, Thana
Shastri Nagar, Jaipur. (At Present Confined At Central Jail Jaipur
District (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Mohd. Iqbal S/o Haji Amir Mohd., Resident Of Ward No.
12, Near Ganga Market Girls College, Shahpura Jaipur.
----Respondents
For Petitioner(s) : Mr. Kirodee Lal Meena
For Respondent(s) : Mr. Yashwant Kankhadea, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
25/10/2021
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 09.09.2021 passed by the learned Additional
Sessions Judge No. 1, Jaipur Metropolitan-II (the Appellate Court)
in criminal appeal No. 15/2020(CIS No. 358/2020) affirming the
order dated 12.02.2020 passed by the Special Additional Chief
Metropolitian Magistrate (PCPNDT Act Cases), Jaipur Metropolitan
(2 of 3) [CRLR-964/2021]
in criminal case No. 57/2019 (417/17) (CIS No. 33419/2017) by
which the petitioner has been convicted for offence/s under
Section 363 IPC and sentenced to maximum term of three years
imprisonment.
4. It has been submitted by learned counsel for the
petitioner that petitioner has been sentenced to maximum term of
three years imprisonment. As per certificate under Rule 311(3) of
Rajasthan High Court Rules, 1952, the petitioner was on bail
during trial as well as during pendency of the appeal. Now, he is
in judicial custody since date of judgment i.e. 09.09.2021.
Decision of revision petition 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 petitioner, 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-
petitioner Ayan Singh @ Monu Kumar S/o Shri Prakash 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
(3 of 3) [CRLR-964/2021]
the learned trial Court for his appearance in this Court on
24.11.2021 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Pooja/53
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