Kamlendra Singh vs State Of Rajasthan
2022 Latest Caselaw 1016 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 73/2022

Kamlendra Singh S/o Sh. Megh Singh, Aged About 23 Years, Village Bichhavera, P.s. Dabok, Dist. Udaipur.

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

----Respondent

For Appellant(s) : Mr. Keshar Singh Chouhan For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

20/01/2022

Heard.

Admit.

Call for record.

Issue notice to the respondent. Learned Public Prosecutor accepts notice on behalf of State.

Heard learned counsel for the applicant-appellant and learned

public prosecutor for the State on application for suspension of sentence

(No.44/2022). Perused the material available on record.

It is contended by the counsel for the applicant-appellant that

appellant has been awarded sentence for three years' simple

imprisonment and while passing the impugned judgment of conviction

and sentence, the learned trial court has stayed the same for one

month. It is also submitted that the disposal of the appeal will consume

time and, therefore, the sentence awarded against the applicant-

appellant may be suspended.

(2 of 2) [CRLAS-73/2022]

Learned Public Prosecutor has opposed the application for

suspension of sentence.

I have heard and considered the arguments advanced by the

counsel for the parties and have gone through the material available on

record.

Having considered the facts and circumstances and particularly

the fact that applicant-appellant is awarded maximum sentence of three

years, and the sentence was stayed for one month, disposal of appeal

will consume time, therefore, this Court deems it fit and proper to allow

the application for suspension of sentence filed by the appellant-

applicant.

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 Upper Sessions Judge, Rajsamand, vide

judgment dated 22.12.2021 in Criminal Case No.28/2019 against the

appellant-applicant Kamlendra Singh S/o Megh Singh shall remain

suspended till final disposal of the aforesaid appeal and he shall be

released on bail, provided he executes 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 he shall appear before this

Court as and when called upon to do so.

(MADAN GOPAL VYAS),J 87-CPGoyal/-

Powered by TCPDF (www.tcpdf.org)