Shambhoo Lal vs State Of Rajasthan
2022 Latest Caselaw 14802 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

....

S.B. Criminal Revision Petition No. 1476/2022

Shambhoo Lal S/o Shri Nagu Ram, Aged About 35 Years, R/o

Vill. Lamba-Davara Ps Peepalkhunt District Pratapgarh (Raj.).

(Presently Lodged In District Jail Pratapgarh).

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

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh. For Respondent(s) : Mr. Gaurav Singh, 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. 473/2022). 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.

(2 of 2) [CRLR-1476/2022]

The accused has been convicted for the offence under Section

19/54 of the Rajasthan Excise Act and sentenced to undergo two

years' simple imprisonment with fine of Rs. 10000/- vide

judgment dated 01.11.2018 passed by learned Chief Judicial

Magistrate, Pratapgarh, District Pratapgarh which has been

affirmed vide Judgment dated 23.11.2022 passed by learned

Sessions Judge, Pratapgarh in Criminal Appeal No. 112/2018 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, Pratapgarh vide judgment dated

01.11.2018 in Regular Criminal Case No. 311/2010 and affirmed

by the learned Sessions Judge, Pratapgarh vide judgment dated

23.11.2022 passed in Criminal Appeal No. 112/2018 against the

accused-petitioner Shambhoo Lal S/o Nagu Ram 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 236-Mohan/-

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