Ratan Singh vs State Of Rajasthan
2022 Latest Caselaw 14346 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1329/2022

1. Ratan Singh S/o Gordhan Singh Rathore Rajput, Aged About 40 Years, R/o Jhilola, Police Station Amet, District Rajsamand, At Present Pawati, Police Station Kukadeshwar, District Neemach (Madhyapradesh) (Presently Lodged In Central Jail, Udaipur)

2. Ram Chandra S/o Radaji Bhoi, Aged About 42 Years, R/o Sarada, District Udaipur, At Present House Of Nathu Singh Pathik Nagar, Savina Kachi Basti, Udaipur. (Presently Lodged In Central Jail, Udaipur)

----Petitioners Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Ram Singh Rawal For Respondent(s) : Mr. Gaurav Singh, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

06/12/2022

Heard.

Admit. Learned Public Prosecutor appears for the respondent

State, hence notice need not be issued.

Heard learned counsel for the petitioners and the learned

public prosecutor on application seeking suspension of sentence

(S.B.Criminal SOS Application No.437/2022). Perused the

judgments impugned and the record.

Learned counsel for the accused-petitioners submits that the

petitioners have been convicted for the offence under Section

394/34 IPC and sentenced to undergo two years' simple

(2 of 2) [CRLR-1329/2022]

imprisonment with fine of Rs. 5000/- vide judgment dated

21.12.2015 passed by learned Special Additional Chief Judicial

Magistrate, P.C.P.N.D.T. Act Cases, Udaipur which has been

affirmed vide Judgment dated 02.11.2022 passed by learned

Additional Sessions Judge No.5, Udaipur upon an appeal and

presently they are in custody.

Public Prosecutor vehemently opposed the prayer regarding

suspension of sentence.

Without commenting upon the merits of the case, having

considered the totality of facts and circumstances of the case,

looking to the short sentence, I deem it just and proper to

suspend the sentence awarded to the accused-petitioners.

Accordingly, the bail application for suspension of sentence is

allowed and it is ordered that the sentence passed by learned

Special Additional Chief Judicial Magistrate, P.C.P.N.D.T. Act Cases,

Udaipur vide judgment dated 21.12.2015 in Regular Criminal Case

No.188/2014 and affirmed by the learned Additional Sessions

Judge No.5, Udaipur vide judgment dated 02.11.2022 passed in

criminal appeal no. 05/2016 against the accused-petitioners (1)

Ratan Singh S/o Gordhan Singh and (2) Ram Chandra S/o Radaji

Bhoi shall remain suspended till final disposal of present revision

petition provided each of them executes a personal bond in the

sum of Rs.1.0 lac along with two sureties of Rs. 50,000/- each to

the satisfaction of the trial court for their appearance in this court

on 6.1.2023 and as and when called upon to do so.

(FARJAND ALI),J 23-RP/-

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