Pradhan S/O Ramniwas vs State Of Rajasthan
2021 Latest Caselaw 6161 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

        S.B. Criminal Misc. (SOS) Application No.910/2021

                                       In

               S.B. Criminal Appeal No. 1487/2021

1.     Pradhan S/o Ramniwas, Aged About 37 Years, R/o Barh-
       Gulal P/s Kudgaon Distt. Karauli (Raj) (Accused Confined
       In District Jail Karauli)
2.     Lajja S/o Ramniwas, Aged About 50 Years, R/o Barh-Gulal
       P/s Kudgaon Distt. Karauli (Raj) (Accused Confined In
       District Jail Karauli)
                                                                 ----Appellants
                                   Versus
State Of Rajasthan, Through P.P
                                                                ----Respondent

For Appellant(s)         :     Mr. Rajendra Sharma
For Respondent(s)        :     Mr. Bhawani Shankar Sharma, PP
                               Mr. Mukesh Pal Jadoun, complainant



         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                    Order

29/10/2021

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 09.09.2021 and sentence dated

14.09.2021 passed by the Court of Special Judge, Dacoity Affected

Area Cases (District and Sessions Judge, Karauli) (Raj.) in Session

Case No.17/2011, by which the accused-appellant-Pradhan has

been held guilty for commission of offence under Sections 323,

(2 of 3) [CRLAS-1487/2021]

325 and 308 of IPC and accused-appellant-Lajja has been held

guilty for commission of offence under Sections 323, 325 and 308

of IPC with the aid of Section 34 IPC and sentenced to maximum

term of five years rigorous imprisonment.

It has been submitted by learned counsel for the

appellants that the appellants have been convicted for offence

under Sections 323, 325 and 308/ 323, 325 and 308 of IPC with

the aid of Section 34 IPC of IPC and sentenced to maximum term

of five years rigorous imprisonment. During trial, the appellants

were on bail. Now, they are in judicial custody since 09.09.2021.

All the injuries to the injured person are on non-vital part of the

body. No injury has been described as dangerous to life. Decision

of the appeal may consume considerable time.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Learned Public Prosecutor has opposed the application

for suspension of sentence.

Taking into consideration the submissions of learned

counsel for the appellants, evidence available on record 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) Pradhan S/o Ramniwas and (2) Lajja S/o Ramniwas

shall remain suspended till disposal of this criminal appeal and

(3 of 3) [CRLAS-1487/2021]

they shall be released on bail, provided each of the appellants

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 29th November, 2021 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Sunita/32

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