Sushil Goyal S/O Shri Ramjilal ... vs State Of Rajasthan
2021 Latest Caselaw 5859 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 256/2021

                                       IN

           S.B. Criminal Revision Petition No. 889/2021

1.      Sushil Goyal S/o Shri Ramjilal Goyal, R/o Sarafa Bazar,
        H.no. 122/14 Ghee Mandi, Police Station Dargah, Ajmer
        H.no 62, Haribhau Updhaya Nagar, Main Pushkar Road,
        Ajmer
2.      Smt. Sunita Goyal W/o Shri Sushil Goyal, R/o Sarafa
        Bazar, H.no. 122/14, Ghee Mandi, Police Station Dargah,
        Ajmer / H.no 62, Haribhau Updhyaya Nagar, Main Pushkar
        Road, Ajmer
                                                                 ----Petitioners
                                   Versus
State Of Rajasthan, Through P.P
                                                                ----Respondent

For Petitioner(s)        :     Mr. Vinay Pal Yadav
For Respondent(s)        :     Mr. Imran Khan, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                    Order

25/10/2021

1. Heard on application for suspension of sentence.

2. The petitioners have filed the revision petition along

with application for suspension of sentence.

3. The revision petition has been preferred against the

judgment dated 07.04.2021 passed by the Additional Session

Judge No. 5, Ajmer (the Appellate Court) in criminal appeal No.

47/2018 affirming the order dated 30.08.2018 passed by the

Additional Chief Judicial Magistrate No. 2, Ajmer (the trial court) in

(2 of 3) [SOSR-256/2021]

regular criminal case No. 807/2016 (1717/2015) (744/2009), by

which the petitioners have been convicted for offence/s under

Sections 420 and 471 IPC and sentenced to maximum term of two

years imprisonment.

4. It has been submitted by learned counsel for the

petitioner that petitioners have been sentenced to maximum term

of two years imprisonment. As per certificate under Rule 311(3) of

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

during trial as well as during pendency of the appeal. Now, they

are in judicial custody since 13.09.2021. The main accused-

Ummed Singh has been acquitted of all charges. 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 parties 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-

petitioners 1. Sushil Goyal S/o Shri Ramjilal Goyal and 2. Smt.

Sunita Goyal W/o Shri Sushil Goyal, shall remain suspended till

disposal of this revision petition and they shall be released on bail

provided each of them furnishes a personal bond of Rs. 50,000/-

(3 of 3) [SOSR-256/2021]

(Fifty Thousand) and two sureties of Rs.25,000/- (Twenty Five

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

their appearance in this Court on 25.11.2021 and as and when

called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /95

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