Hinglajdan vs State Of Rajasthan
2022 Latest Caselaw 14636 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1196/2022

IN

S.B. Criminal Appeal No. 2006/2022

1. Hinglajdan S/o Sh. Gorakhdan, Aged About 32 Years, B/c Charan, R/o Shekhe Ka Gaon, P.s. Shiv, Dist. Barmer.

2. Narpatdan S/o Sh. Khumandan, Aged About 40 Years, B/c Charan, R/o Shekhe Ka Gaon, P.s. Shiv, Dist. Barmer.

                                                                       ----Appellants
                                      Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent


For Appellant(s)             :    Mr. Dalpat Singh
For Respondent(s)            :    Mr. SS Rajpurohit, PP



               HON'BLE MR. JUSTICE FARJAND ALI

                                       Order

13/12/2022

     Heard     learned     counsel        for    the    applicant-appellant         and

learned    public    prosecutor       for    the     State         on application   for

suspension of sentence No.1196/2022. Perused the material

available on record.

It is contended by the counsel for the applicants-appellants

that appellants were convicted and sentence to suffer three

months rigorous imprisonment and the trial court has already

suspended the sentence of the accused-appellants. Therefore,

learned counsel for the appellants submits that the sentence

awarded to the accused-appellants may be suspended as the

hearing of the appeal may take long time.

(2 of 2) [CRLAS-1196/2022]

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Having considered the facts and circumstances and

particularly looking to the short term of sentence, hearing of

appeal will take long time, therefore, this Court deems it fit and

proper to allow the application for suspension of sentence filed by

the appellants-applicants.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the learned Special Judge, SC/ST Act

(Prevention of Atrocities), Act Cases, Barmer vide judgment dated

21.11.2022 in Sessions Case No.59/2012 against the appellants-

applicants 1.Hinglajdan S/o Sh. Gorakhdan and 2.Narpatdan

S/o Sh. Khumandan shall remain suspended till final disposal of

the aforesaid appeal and they will 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 will appear before this Court as and

when called upon to do so.

(FARJAND ALI),J 13-Anshul/-

Powered by TCPDF (www.tcpdf.org)