Shyam Sunder S/O Ramesh Chand vs State Of Rajasthan
2022 Latest Caselaw 18 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Misc. Suspension of Sentence Application
                               No.367/2021

                                       In

          S.B. Criminal Revision Petition No. 1405/2021

Shyam Sunder S/o Ramesh Chand, Aged About 50 Years, R/o
Lalsot Gangapur Road, Police Station Lalsot, Distt. Dausa (Raj)
(Presently Confined In Jail At Bundi)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent

For Petitioner(s)        :     Mr. SL Kumawat
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

29.03.2014 for the offence under Section(s) 338, 279, 337, 304A

of IPC and sentenced as under:-

For offence under Section 338 IPC - simple imprisonment of one

year with fine of Rs.500/-; in default of payment of fine, to further

undergo simple imprisonment of two months'.

For offence under Section 279 IPC - simple imprisonment of three

months with fine of Rs.200/-; in default of payment of fine, to

further undergo simple imprisonment of one month.

(2 of 3) SOSR-367/2021

For offence under Section 304A IPC - simple imprisonment of two

years' with fine of Rs.500/-; in default of payment of fine, to

further undergo simple imprisonment of two months'.

For offence under Section 337 IPC: simple imprisonment of three

months' with fine of Rs.200/-; in default of payment of fine, to

further undergo simple imprisonment of one month.

The appellant-applicant thereafter filed an appeal, but the

appellate Court vide its judgment dated 08.12.2021 dismissed the

appeal and affirmed the judgment passed by the Trial Court while

acquitting him for the offence under Section 338 of the IPC.

Learned counsel further submits that the accused applicant

was on bail during trial and he is behind bars since long. The

disposal of the revision 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 Shyam Sunder S/o

Ramesh Chand by the Trial Court and affirmed by the Appellate

Court shall remain suspended during the pendency of the 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

(3 of 3) SOSR-367/2021

this Court on 3 February, 2022 and thereafter as and when called

upon to do so.

(UMA SHANKER VYAS),J

CHHAYA AWASTHI /32

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