Vinod Kumar S/O Mamraj vs State Of Rajasthan
2021 Latest Caselaw 5967 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 183/2021
                                       IN
           S.B. Criminal Revision Petition No. 752/2021

 Vinod Kumar S/o Mamraj, Aged About 25 Years, R/o Village
 Rampura, Police Station Shahpura, Jaipur Gramin ( Confined In
 Central Jail, Jaipur)
                                                                  ----Petitioner
                                    Versus
 State Of Rajasthan, Through P.P
                                                                ----Respondent

For Petitioner(s) : Mr. Vijay Kumar Jangid 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 26.04.2019 passed by the learned Additional

Session Judge No. 13, Jaipur Metropolitan, Jaipur (the Appellate

Court) in criminal appeal No. 30/2018 affirming the order dated

05.07.2018 passed by the Additional Chief Metropolitan Magistrate

No. 18, Jaipur Metropolitan Head Quarter Amer (the trial court) in

regular criminal case No. 612/2017 (483/2013), by which the

petitioner has been convicted for offence/s under Sections 279,

304A of IPC and Section 134/187 of MV Act and sentenced to

maximum term of one year imprisonment.

(2 of 2) [SOSR-183/2021]

4. It has been submitted by learned counsel for the

petitioner that petitioner has been sentenced to maximum term of

one year imprisonment for offence under Section 304A 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 15.07.2021.

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 Vinod Kumar S/o Mamraj 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.

1,00,000/- (One lakh) and two sureties of Rs.50,000/- (Fifty

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/47

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