Mahendra Kumar Son Of Ramroop vs State Of Rajasthan
2021 Latest Caselaw 5966 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 192/2021
                                       IN
           S.B. Criminal Revision Petition No. 797/2021

Mahendra Kumar Son Of Ramroop, Aged About 27 Years, R/o
Badapura Thana Sarmathura District Dholpur Rajasthan. (At
Present District Jail, Karauli)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Petitioner(s) : Mr. Abdul Kalam Khan For Respondent(s) : Mr. Ganesh Saini, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

26/10/2021

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 15.03.2021 passed by the court of the Sessions

Judge, Karauli (the Appellate Court) in regular appeal No. 6/2020

affirming the order dated 18.12.2019 passed by the court of the

Additional Civil Judge and Judicial Magistrate, Karauli, Rajasthan

(the trial court) in regular criminal case No. 555/2015 CIS No.

955/2015, by which the petitioner has been convicted for

offence/s under Section 380 IPC and sentenced to maximum term

of three years imprisonment.

4. It has been submitted by learned counsel for the

(2 of 2) [SOSR-192/2021]

petitioner that petitioner has been sentenced to maximum term of

three years imprisonment for offence under Section 380 IPC. 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

15.03.2021. 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 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-

petitioner Mahendra Kumar Son Of Ramroop 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 the learned

trial Court for his appearance in this Court on 26.11.2021 and as

and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja/49

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