Citation : 2022 Latest Caselaw 17 Raj/2
Judgement Date : 3 January, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.375/2021
In
S.B. Criminal Revision Petition No. 1434/2021
Sanjay Palasiya S/o Ratan Lal, Aged About 31 Years, R/o Naya
Badgaon, P.s. Adarsh Nagar, Ajmer (At Present Confined In
Central Jail Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Devanshu Sharma
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
03/01/2022
This suspension of sentence application has been filed by the
applicant seeking suspension of his sentence.
Learned counsel for the applicant has contended that the
applicant was convicted by the Trial Court vide its judgment dated
06.02.2019 for the offence under Section(s) 4/25 of the Arms Act
of IPC and sentenced him to undergo SI of six months with a fine
of Rs.1000/-; in default of payment of fine, to further undergo SI
of seven days.
The appellant-applicant thereafter filed an appeal, but the
appellate Court vide its judgment dated 21.09.2021 dismissed the
appeal and affirmed the judgment passed by the Trial Court.
Learned counsel further submits that the accused applicant
(2 of 2) [SOSR-375/2021]
was on bail during trial as well as appeal and he is presently
behind bars since long. The disposal of the revision petition is
likely to take long time. He has prayed that this application for
suspension of sentence of the applicant may be allowed and
sentence of the applicant may be suspended during the pendency
of the petition.
Learned Public Prosecutor has opposed same.
Having heard the learned counsel appearing for the
respective parties and carefully scanned the entire material
available on record, this suspension of sentence application filed
by the applicant is allowed and it is ordered that execution of
sentence awarded to accused applicant Sanjay Palasiya S/o
Shri Ratan Lal by the Trial Court and affirmed by the Appellate
Court shall remain suspended during the pendency of the revision
petition, provided he furnishes a personal bond of Rs. 1,00,000/-
(Rs. One Lakh) with two sureties of Rs.50,000/- (Rupees Fifty
Thousand) each before the concerned Trial Court to the
satisfaction of the learned trial court with the stipulation that he
shall appear before this Court on 4th February, 2022 and thereafter
as and when called upon to do so.
(UMA SHANKER VYAS),J
CHHAYA AWASTHI /34
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