Surajmal Son Of Shri Chhogalal vs State Of Rajasthan
2021 Latest Caselaw 6020 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Criminal Appeal No. 1623/2021

1.     Surajmal Son Of Shri Chhogalal, Aged About 50 Years,
       Resident Of Juwad, District Sawai Madhopur (Raj.)
2.     Dinesh Son Of Shri Surajmal, Aged About 28 Years,
       Resident Of Juwad, District Sawai Madhopur (Raj.)
                                                                 ----Appellants
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Appellant(s) : Mr. Rajveer Saini Mr. Avtar Singh Rathore for Mr. Anil Kumar Upman For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order

27/10/2021

Heard.

Admit.

Record of the case be summoned.

S.B. Criminal Misc. (SOS) Bail Application No.999/2021

Heard on application for suspension of sentence.

The appellants have filed the appeal along with

application for suspension of sentence.

The appeal has been preferred against the judgment of

conviction and sentence dated 29.09.2021 passed by the Court of

Special Judge ST/SC (Atrocities Cases) Sawai Madhopur in

Sessions Case No.10/2018, by which the appellants have been

convicted under Sections 341, 323/34 of IPC and Section 3-2 (va)

(2 of 2) [CRLAS-1623/2021]

of the SC/ST Act, 1989 and sentenced to maximum term of six

months.

It has been submitted by learned counsel for the

appellants that the appellants have been sentenced to a maximum

term of six months of simple imprisonment. As per certificate

under Rule 311(3) of the Rajasthan High Court Rules, the

appellants were on bail during trial and their sentence has been

suspended till 28.10.2021.

Learned Public Prosecutor has opposed the application

for suspension of sentence.

Heard learned counsel for the parties.

Taking into consideration the submissions of learned

counsel for the appellants and 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-

appellants (1) Surajmal Son Of Shri Chhogalal and (2) Dinesh Son

Of Shri Surajmal shall remain suspended till disposal of this

criminal appeal and they shall be released on bail, provided each

of the appellants 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 their appearance in this Court on 29 th November,

2021 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Sunita/62

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