Trilok Singh vs State Of Rajasthan
2022 Latest Caselaw 14390 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1384/2022

Trilok Singh S/o Shri Unkar Singh Meena, Aged About 42 Years, R/o Bharat Kheda, Police Station Jahazpur, District Bhilwara. (At Present Lodged At District Jail, Bhilwara)

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

----Respondent

For Petitioner(s) : Mr. Firoz Khan For Respondent(s) : Mr. Anees Bhurat, PP

HON'BLE MR. JUSTICE FARJAND ALI Order 07/12/2022

Heard.

Admit. Issue notice.

Learned Public Prosecutor accepts notice on behalf of the

State. Hence, notice need not be issued.

Heard on application for suspension of sentence

No.449/2022.

Learned counsel for the petitioner submits that there are

several legal grounds in light of which the judgment of conviction

is not sustainable. There is a serious error in conclusion regarding

identification of the accused at the relevant point of time as no

concrete evidence has been produced that it was the petitioner

who was driving the vehicle. He further submits that petitioner

was on bail during the entire course of trial and then in the

proceedings of appeal and has not misused the liberty so granted

to him. Hearing of the petition is likely to take a long time.

Learned Public Prosecutor has opposed the application for

(2 of 2) [CRLR-1384/2022]

suspension of sentence.

Heard learned counsel for the parties and have gone through

the material available on record.

Upon a consideration of the arguments advanced on behalf

of the petitioner and having regard to the facts and circumstances

of the case and the fact that short term sentence has been

awarded by the trial Court, thus, this court is of the opinion that it

is a fit case for suspending the substantive sentence awarded to

the accused petitioner.

Accordingly, the application for suspension of sentence filed

under Section 397(1) Cr.P.C. is allowed and it is ordered that the

substantive sentences passed by learned Additional Chief Judicial

Magistrate, Jahazpur, District Bhilwara in Criminal Regular Case

No.720/2012 (198/2007) vide order dated 02.02.2016 as affirmed

by the learned Addl. Sessions Judge, Shahpura, Camp Jahazpur,

District Bhilwara vide order dated 09.11.2022 in Cr. Appeal

No.08/2016 against the petitioner-applicant Trilok Singh S/o Shri

Unkar Singh shall remain suspended till final disposal of the

aforesaid revision 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 14-amit/-

Powered by TCPDF (www.tcpdf.org)