Citation : 2022 Latest Caselaw 14283 Raj
Judgement Date : 5 December, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Appl. No. 482/22
in
S.B. Criminal Revision Petition No. 1501/2022
1. Nanu Ram S/o Pokar Ram, Aged About 45 Years, Dhankoli, P.s. Maulasar, Teh. Didwana Dist. Nagaur. (At Present Lodged At Sub Jail, Deedwana).
2. Kana Ram S/o Pokar Ram, Aged About 42 Years, Dhankoli, P.s. Maulasar, Teh. Didwana Dist. Nagaur. (At Present Lodged At Sub Jail, Deedwana).
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. BR Chahar
For Respondent(s) : Mr. Anees Bhurat, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/12/2022
Heard.
Admit.
Issue notice. Learned public prosecutor accepts notice on
behalf of the State.
Call for the record.
Heard learned counsel for the applicant-petitioners and
learned public prosecutor for the State on application for
suspension of sentence No.482/22. Perused the material available
on record.
It is contended by the counsel for the applicant-petitioners
that petitioners have been awarded sentence for two years' simple
(2 of 3) [SOS No. 482/22 in CRLR-1501/2022]
imprisonment and disposal of the revision will consume time.
Learned Public Prosecutor has opposed the application for
suspension of sentence.
I have heard and considered the arguments advanced by the
counsel for the parties and have gone through the material
available on record.
Having considered the facts and circumstances and
particularly the fact that applicant-petitioners are awarded
maximum sentence of two years, disposal of revision will
consume time, therefore, this Court deems it fit and proper to
allow the application for suspension of sentence filed by the
applicants-petitioners.
Accordingly, the application for suspension of sentence filed
under Section 397(1) Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Additional Chief Judicial
Magistrate, Didwana District Nagaur, vide judgment dated
03.12.2015 in Criminal Regular Case No.164/2005 as affirmed by
the learned Additional Sessions Judge, Didwana District Nagaur
vide judgment dated 25.11.2022 in Cr. Appeal No. 72/2015
against the applicant-petitioners Nanu Ram S/o Pokar Ram and
Kana Ram S/o Pokar Ram shall remain suspended till final
disposal of the aforesaid revision and they shall be released on
bail, provided they execute a personal bond in the sum of
Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge to the effect that they shall
appear before this Court as and when called upon to do so.
(FARJAND ALI),J 24-Arti/-
(3 of 3) [SOS No. 482/22 in CRLR-1501/2022]
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