Shiv Lal Sharma S/O Laxminarayan vs State Of Rajasthan
2021 Latest Caselaw 5946 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

            S.B. Criminal Misc. Suspension of Sentence

                         Application No.245/2021

                                          In

            S.B. Criminal Revision Petition No. 946/2021

Shiv Lal Sharma S/o Laxminarayan, Aged About 62 Years, R/o
Kalara Bazar, Kumawaton Ke Mandir Ke Samne, Jhalarapatan,
District Jhalawar (Raj)
(Presently Confined In District Jail Bundi)
                                                           ----Accused-Petitioner
                                      Versus
State Of Rajasthan, Through P.P.
                                                                    ----Respondent

For Petitioner(s)           :     Mr. Eliyas Ali
                                  Mr. Gitesh Pancholi
For Respondent(s)           :     Mr. Bhawani Shankar Sharma, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                       Order

26/10/2021

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 04.09.2021 passed by the court of Sessions

Judge, Bundi (the appellate court) in Criminal Appeal

No.176/2013, affirming the order dated 06.09.2013 passed by

Additional Chief Judicial Magistrate, Bundi (the trial court) in

Criminal Case No.226/2006, by which the petitioner has been

(2 of 2) [CRLR-946/2021]

convicted for offence/s under Sections 409 and 467 of IPC and

sentenced to maximum term of three years imprisonment.

It has been submitted on behalf of the petitioner that the

petitioner has been sentenced to maximum term of three years of

imprisonment. During trial, he was on bail and now, he is judicial

custody since 04.09.2021. 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 Shiv Lal Sharma S/o Laxminarayan 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 26th November, 2021 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/7

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