Pradeep Son Of Shri Shivcharan Lal vs State Of Rajasthan
2022 Latest Caselaw 198 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

     S.B. Criminal Misc. Application for suspension of sentence
                               No.381/2021
                                       IN
          S.B. Criminal Revision Petition No. 1474/2021

1.      Pradeep Son of Shri Shivcharan Lal, Resident Of Talaiya,
        Police Station Nihalganj, District Dholpur (Raj.) (At
        Present In District Jail, Dholpur)
2.      Bantu Son of Shri Jainu @ Jainuddin, Resident Of Purani
        Chhawani, Police Station Sadar, District Dholpur (Raj.) (At
        Present In District Jail, Dholpur)
                                                       ----Accused-Petitioners
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Petitioner(s) : Mr. Anil Jain, through VC For Respondent(s) : Mr. S.S. Mahala, P.P.

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

10/01/2022

This suspension of sentence application has been filed by the

applicants seeking suspension of their sentence.

Learned counsel for the applicants has contended that the

applicants were convicted by the trial Court vide its judgment

dated 20.11.2020 for the offence under Section 411 IPC and were

sentenced as under:-

For offence under Section 411 IPC- Simple Imprisonment of one

year with a fine of Rs. 2,000/-; in default of payment of fine, to

further undergo Simple Imprisonment of five days.

(2 of 2) [SOSR-381/2021]

The applicants thereafter filed an appeal, but the appellate

Court vide its judgment dated 17.12.2021/18.12.2021 dismissed

the appeal and affirmed the judgment passed by the trial Court.

Learned counsel further submits that the accused applicants

were on bail during trial as well as during appeal and at present

are in judicial custody since 17.12.2021. He has prayed that this

application for suspension of sentence of the applicants may be

allowed and sentence of the applicants 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 applicants is allowed and it is ordered that execution of

sentence awarded to accused applicants namely, 1. Pradeep S/o

Shri Shivcharan Lal & 2. Bantu S/o Shri Jainu @ Jainuddin

by the trial Court and affirmed by the Appellate Court shall remain

suspended during the pendency of the petition, provided each of

them 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 they shall appear before this

Court on 14th February, 2022 and thereafter as and when called

upon to do so.

(UMA SHANKER VYAS),J

DANISH USMANI /43

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