Boduram Son Of Kaluram vs State Of Rajasthan
2021 Latest Caselaw 5857 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

     S.B. Criminal Misc. Bail Application(SOS) No.1048/2021

                                         In

                S.B. Criminal Appeal No. 1697/2021

1.     Boduram Son Of Kaluram, Aged About 50 Years,
2.     Vishram Son Of Boduram, Aged About 23 Years,
3.     Harphool Son Of Nathuram, Aged About 24 Years,
       All     are    Resident          Of       Village          Jodhralal,    Police
       Jamwaramgarh, District Jaipur (Raj)
                                                         ----Accused-Appellants
                                     Versus
State Of Rajasthan, Through PP
                                                                     ----Respondent

For Appellant(s) : Mr. Fatehchand Saini For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

25/10/2021

Heard on application for suspension of sentence.

Appellants have filed the appeal along with application for

suspension of sentence.

The appeal has been preferred against the judgment of

conviction and sentence dated 01.10.2021 passed by the Court of

Sessions Judge, Jaipur District, Jaipur in Sessions Case

No.03/2020(NCV 08/2020), by which the appellants have been

convicted under Sections 341, 323 and 325 of IPC, (in respect of

appellants No.2 and 3, read with 325/34) sentenced to maximum

term of two years.

(2 of 2) [CRLAS-1697/2021]

It has been submitted on behalf of the appellants that

maximum sentence of two years has been awarded to the

accused-appellants. As per certificate under Rule 311(3) of the

Rajasthan High Court Rules, 1952, the appellants were on bail

during trial and their sentence has been suspended till

30.10.2021.

Heard learned counsel for the parties.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

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

detailed merits of the case, this Court deems 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-

appellants Boduram S/o Kaluram, Vishram S/o Boduram and

Harphool Son Of Nathuram shall remain suspended till disposal

of this criminal appeal and they be released on bail, provided each

of them 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

their appearance in this Court on 25th November, 2021 and as and

when called upon to do so.

(MANOJ KUMAR VYAS),J

Hemant/79

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