Rajasthan High Court - Jodhpur
Akshay Kumar Garg vs State Of Rajasthan on 14 December, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Application (SOS) No.470/2022
In
S.B. Criminal Revision Petition No. 1465/2022
Akshay Kumar Garg S/o Shri Kanhaiyalal, Aged About 42 Years,
R/o Kohli Mohalla Gali, Kawadiyon Ki Galike Pass, P S Begu,
District Chittorgarh.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Jakir Hussain Mansuri S/o Shri Abdul Gani Mansuri, B/c
Mansuri, R/o Pathan Mohalla, Ps Begu, District
Chittorgarh.
----Respondents
For Petitioner(s) : Mr. M.K.S. Bhati
For Respondent(s) : Mr. Gaurav Singh - PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
14/12/2022
Heard learned counsel for the petitioner and the learned
public prosecutor on application seeking suspension of sentence.
Perused the judgments impugned.
The prosecution is launched at the behest of the complainant
and he is a necessary party but with a view to avoid protraction of
the proceeding of application for suspension of sentence, learned
Public Prosecutor is directed to save the interest of complainant.
He has aptly assisted the Court while saving the interest of
complainant.
Learned counsel submits that after passing of the sentence
by the trial court and upon preferring the appeal, as per the
(2 of 3)
direction of the appellate court, the petitioner has deposited 20%
of the fine amount. He had been on bail during the entire course
of trial and then in the course of proceeding of appeal he never
misused the liberty granted in his favour. He offers that he is
ready and willing to pay a sum of Rs. 1,00,000/-, which is to be
paid to the complainant.
Learned 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 and
looking to the short term of sentence and the offer that the
petitioner is ready to pay a sum of Rs. 1,00,000/- to the
complainant through the trial court within 15 days from today and
that a part of the amount has already been paid, I deem it just
and proper to suspend the sentence awarded to the accused-
petitioner.
Accordingly, the application for suspension of sentence is
allowed and it is ordered that the sentence passed by learned
Judicial Magistrate, Bengu, District Chittorgarh vide order dated
08.01.2019 in Criminal Case No.592/2018 and affirmed by the
learned Additional Sessions Judge, Bengu, District Chittorgarh vide
judgment dated 21.10.2022 passed in Criminal Appeal
No.53/2021 against the accused-petitioner Akshay Kumar Garg
S/o Shri Kanhaiyalal shall remain suspended till final disposal of
present petition provided the accused-petitioner furnishes
personal bond in the sum of Rs. 50,000/- with one surety of like
amount for his appearance before trial court on 07.01.2023 and
whenever ordered to do so. The petitioner shall also deposit the
amount of Rs.1,00,000/- with the trial court within the stipulated
(3 of 3)
period. Upon deposition of the said amount, learned trial court
shall release the same in favour of the complainant.
Till then the execution of warrant of arrest shall not be
made.
(FARJAND ALI),J
213-AK Chouhan/-
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