Nanda S/O Jagdish vs State Of Rajasthan
2022 Latest Caselaw 169 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

     D.B. Criminal Suspension of Sentence Application No.
                                 2/2022
                                      IN
              D.B. Criminal Appeal No. 126/2021

 Nanda S/o Jagdish, R/o Kumharo Ki Dhani, Tan Gandlai, Police
 Station     Ramgarh,        Pachwara,            District     Dausa    (Raj)
 (Accused/applicant Confined In Central Jail, Jaipur)
                                                                 ----Appellant
                                   Versus
State Of Rajasthan, Through P.p
                                                               ----Respondent

For Appellant(s) : Mr. Girraj Prasad Gadhwal, through VC Mr. Umesh Vyas, through VC For Complainant(s) : Mr. Ritesh Jain, through VC For State : Mr. Javed Choudhary, Addl. G.A.

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Judgment / Order

07/01/2022

1. Heard on application for suspension of sentence.

2. It is contended by counsels for the appellant that entire

family members were made accused in this case. Fifteen persons

were tried, out of which one has expired and remaining fourteen

persons stands convicted by the trial Court. It is also contended

that there is a cross case and trial Court has come to the

conclusion that the appellant's was in possession of the disputed

agricultural land and the complainants were the aggressor party.

It is further contended that in the cross case, as many as ten

persons were injured on the side of the appellant and the

complainants side was also convicted. It is also contended that

(2 of 2) [CRLAD-126/2021]

sentence of co-accused has been suspended by this Court.

4. Learned Additional Government Advocate and counsel for the

complainant have opposed the application for suspension of

sentence.

5. We have considered the contentions.

6. In view of the fact that the complainant side were the

aggressor party, there is cross FIR, sentence of co-accused has

been suspended by this Court and considering the contentions of

counsel for the appellant, application for suspension of sentence is

allowed.

7. Accordingly, the application for suspension of sentence is

allowed. It is ordered that the sentence awarded to accused-

applicant in Sessions Case No. 95/2008 (CIS No. 151/2018) shall

remain suspended if the appellant furnishes a personal bond of

Rs.1,00,000/- (Rupees One Lac only) together with two sureties in

the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the

satisfaction of the learned trial Court to the effect that he shall

appear before this Court as and when called upon to do so.

(CHANDRA KUMAR SONGARA),J (PANKAJ BHANDARI),J

NIKHIL KR. YADAV /10

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