Banwari @ Gattu S/O Kalyan Sahay vs State Of Rajasthan
2021 Latest Caselaw 6005 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Criminal Appeal No. 1712/2021

Banwari @ Gattu S/o Kalyan Sahay, Resident Of Malpuriya Police
Station Sainthal, District Dausa (Raj)
(At Present He Is Confined In Central Jail Jaipur)
                                                         ----Appellant/Accused
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent

For Appellant(s) : Mr. Buddhi Prakash Sharma For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

27/10/2021 Heard.

Admit.

Record of the trial court be summoned.

S.B. Criminal Misc. (SOS) Application No. 1057/2021 :

Heard on application for suspension of sentence.

The appellant has filed the appeal along with application for

suspension of sentence.

This appeal has been preferred against the judgment of

conviction and sentence dated 28.09.2021 passed by the Court of

Special Judge, SC/ST (Prevention of Atrocities) Cases, Dausa,

District Dausa in Sessions Case No.59/2011(CIS No.335/2018), by

which the appellant has been convicted under Section 3/25 of the

Arms Act and sentenced to maximum term of one year.

(2 of 2) [CRLAS-1712/2021]

It has been submitted on behalf of the appellant that the

appellant has been sentenced to a maximum term of one year of

imprisonment for the offence under Section 3/25 of the Arms Act.

As per certificate under Rule 311(3) of the Rajasthan High Court

Rules, 1952, the appellant was on bail during trial and now, he is

confined in Central Jail, Jaipur in another case.

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 appellant, 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-

appellant Banwari @ Gattu S/o Kalyan Sahay shall remain

suspended till disposal of this criminal appeal and he be released

on bail, provided the appellant 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 29th November, 2021 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/68

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