Tilokaram vs State Of Rajasthan
2022 Latest Caselaw 15037 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1456/2022

(S.B. Cr. Misc. Appln (SOS) No. 467/2022)

Tilokaram S/o Shri Prabhu Ram, Aged About 43 Years, R/o Ucheriya, Ps Makrana, Dist. Nagaur. (Presently Lodged At Sub Jail Deedwana, Dist. Nagaur.)

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

----Respondent

For Petitioner(s) : Mr. Jayram Saran Mr. Bharat Singh Rathore For Respondent(s) : Mr. Salim Khan, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

21/12/2022

1. Heard.

2. Admit. Issue notice.

3. Heard learned counsel for the accused-petitioner as well

as learned Public Prosecutor on the application for suspension of

sentence.

4. In the case under consideration, the petitioner has

been convicted for the offence under Sec.16/54 of Excise Act and

sentenced RI for a period of three years and fine of Rs. 20,000/-

and in default to further undergo three months additional

imprisonment and under Section 150/177 of MV Act imposed

punishment of fine of Rs. 100/- and under Section 184 of MV Act

sentenced simple imprisonment for a period of three months.

(2 of 2) [CRLR-1456/2022]

5. Learned counsel for the accused-petitioner submits that the

petitioner is in custody since 19.11.2022. He was on bail during

trial and during the proceedings of petition he never misused the

liberty so granted in his favour and the petitioner has a strong

arguable case in his favour.

6. Learned Public Prosecutor has vehemently opposed the

prayer regarding suspension of sentence.

7. Without commenting upon the merits of the case, I deem it

just and proper to suspend the sentence awarded to the accused-

petitioner.

8. Accordingly, the bail application for suspension of sentence is

allowed and it is ordered that the sentence passed by learned

ACJM, Deedwana in Criminal Original Case NO. 257/2012 (52/08)

and affirmed by the learned Addl. Session Judge, Deedwana,

District Nagaur vide judgment dated 19.11.2022 passed in

Criminal Appeal No. 02/2015 against the accused-petitioner

Tilokaram S/o Shri Prabhu Ram shall remain suspended till final

disposal of present petition provided he executes a personal bond

in the sum of Rs.1.0 lac along with two sureties in the like amount

each to the satisfaction of the trial court for his appearance in this

court on 23.01.2023 and as and when called upon to do so.

(FARJAND ALI),J ns. 177-1/-

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