Citation : 2021 Latest Caselaw 6045 Raj/2
Judgement Date : 27 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S. B. Criminal Misc. Suspension of Sentence App. No. 286/2021
IN
S.B. Criminal Revision Petition No. 1082/2021
Pappu Lal Son Of Shri Kishan Lal, Aged About 40 Years, Resident
Of Malarna Chaur Police Station Malarna Dungar, District Sawai
Madhopur (Rajasthan) (At Present Accused Confined In District
Jail Sawai Madhopur)
----Petitioner
Versus
State Of Rajasthan, Through P.P
----Respondent
For Petitioner(s) : Mr. Amit Singh Shekhawat For Respondent(s) : Mr. Bhawani Shankar Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 27/10/2021
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 29.09.2021 passed by the court of Sessions
Judge, Sawaimadhopur (the Appellate Court) in criminal appeal
No. 70/2019 affirming the order dated 27.09.2019 passed by the
court of Civil Judge and Judicial Magistrate, Bonli, Sawaimadhopur
(Raj.) (the trial court) in regular criminal case No. 496/2014 (CIS
No. 1485/2014) by which the petitioner has been convicted for
offence/s under Sections 279, 337 and 304A IPC and sentenced to
maximum term of one year imprisonment.
4. It has been submitted by learned counsel for the
(2 of 2) [SOSR-286/2021]
petitioner that petitioner has been sentenced to maximum term of
one year imprisonment for offence under Section 304A of 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
29.09.2021. 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 Pappu Lal Son Of Shri Kishan Lal, 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 29.11.2021 and as
and when called upon to do so.
(MANOJ KUMAR VYAS),J
Pooja /48
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