Babu Lal vs State Of Rajasthan
2022 Latest Caselaw 14378 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc. Application for Suspension of Sentence No. 455/2022 in S.B. Criminal Revision Petition No. 1400/2022

Babu Lal S/o Shri Mangla Ram, Aged About 36 Years, R/o Bhavi Ps Bilara Dist. Jodhpur (At Present Lodged In Central Jail Jodhpur)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Kailash Khilery For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

07/12/2022

Admit.

Issue notice. Learned public prosecutor accepts notice on behalf of the State.

Heard learned counsel for the applicant-petitioner and learned public prosecutor for the State on application for suspension of sentence No.455/22. Perused the material available on record.

Learned counsel for the applicant-petitioner raises a serious

dispute over the legality of the conviction. He submits that there is

no concrete evidence regarding the fact that vehicle was being

driven by the petitioner rashly and negligently. It is also submitted

(2 of 3) [SOS-455/22 in CRLR-1400/2022]

that the applicant-petitioner was on bail during trial and he has

not misused the liberty of bail 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-petitioner is awarded maximum

sentence of three 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 applicant-

petitioner.

Accordingly, the application for suspension of sentence filed

under Section 397/401 Cr.P.C. is allowed and it is ordered that the

sentences passed by the learned Metropolitan Magistrate No.3,

Jodhpur Metropolitan, vide judgment dated 15.10.2014 in Original

Case No.2319/2018 as affirmed by the learned Additional

Sessions Judge No.2, Jodhpur Metropolitan vide judgment dated

7.11.2022 in Cr. Appeal No. 56/2014 against the applicant-

petitioner Babu Lal S/o Mangla Ram shall remain suspended till

final disposal of the aforesaid revision and he shall be released on

bail, provided he executes 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 he shall

appear before this Court as and when called upon to do so.

(FARJAND ALI),J 144-Arti/-

(3 of 3) [SOS-455/22 in CRLR-1400/2022]

Powered by TCPDF (www.tcpdf.org)