Kalpesh Kumar vs State Of Rajasthan
2022 Latest Caselaw 14800 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

...

S.B. Criminal Revision Petition No. 1444/2022

Kalpesh Kumar S/o Shri Pitaram, Aged About 27 Years, R/o Naya Sanwara Tehsil Pindwara Dist. Sirohi (Raj.). (Presently Lodged In Central Jail Jodhpur)

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

----Respondent

For Petitioner(s) : Mr. Bharat Singh. For Respondent(s) : Mr. Laxman Solanki, PP.

HON'BLE MR. JUSTICE FARJAND ALI

Order

16/12/2022

Heard.

Admit.

Learned Public Prosecutor appears for the respondent State,

hence notice need not be issued.

Heard learned counsel for the petitioner and the learned

Public Prosecutor on the application seeking suspension of

sentence (S.B. Criminal SOS Application No. 465/2022). Perused

the judgments impugned and the material available on record.

Learned counsel for the accused-petitioner submits that the

accused has a strong arguable case in his favour and has every

hope for success in the present revision petition; that the hearing

of the revision petition would likely to take a long time, therefore,

the sentences awarded to the accused may kindly be suspended.

The accused has been convicted for the offence under Section

(2 of 2) [CRLR-1444/2022]

120-B of the Indian Penal Code and sentenced to undergo five

years' rigorous imprisonment with fine of Rs. 3000/- vide

judgment dated 06.05.2022 passed by learned Chief Judicial

Magistrate, Sirohi, District Sirohi which has been affirmed vide

Judgment dated 17.11.2022 passed by learned Sessions Judge,

Sirohi, District Sirohi in Criminal Appeal No. 22/2022 (CIS No.

22/2022) and presently the accused is in custody.

Per contra, learned Public Prosecutor has vehemently

opposed the prayer regarding suspension of sentences.

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 sentences awarded to the accused-petitioner.

Accordingly, the bail application for suspension of sentences

is allowed and it is ordered that the sentence passed by learned

Chief Judicial Magistrate, Sirohi, District Sirohi vide judgment

dated 06.05.2022 in Regular Criminal Case No. 105/2018 (CIS No.

105/2018) and affirmed by the learned Sessions Judge, Sirohi,

District Sirohi vide judgment dated 17.11.2022 passed in Criminal

Appeal No. 22/2022 (CIS No. 22/2022) against the accused-

petitioner Kalpesh Kumar S/o Pitaram shall remain suspended

till final disposal of present revision petition provided he executes

a personal bond in the sum of Rs.1,00,000/- along with two

sureties of Rs. 50,000/- each to the satisfaction of the Trial Court

for his appearance in this Court on 30.01.2023 and as and when

called upon to do so.

(FARJAND ALI),J 232-Mohan/-

Powered by TCPDF (www.tcpdf.org)