Lalit Kumar vs State Of Rajasthan
2022 Latest Caselaw 414 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 887/2021

In

S.B. Criminal Appeal No. 1279/2021

Lalit Kumar S/o Sh. Juharmal, Aged About 46 Years, Veerwada, P.s. Pindwara, Dist. Sirohi (Raj.).

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

----Respondent

For Appellant(s) : Mr. Rajesh Shah, through VC For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

07/01/2022

Heard learned counsel for the applicant-appellant and

learned Public Prosecutor for the State on application for

suspension of sentences. Perused the material available on record.

It is contended by the counsel for the appellant-applicant

that appellant has been awarded sentence for one year's simple

imprisonment, which is already suspended by the Court below.

Appellant-applicant was on bail during trial and disposal of the

appeal will consume time.

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.

                                                                            (2 of 2)                  [CRLAS-1279/2021]



                                        Having     considered        the     facts      and      circumstances   and

particularly the fact that appellant-applicant is awarded maximum

sentence of one year, and he was on bail during trial, 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 Special Judge, SC/ST (Prevention

of Atrocities) Cases, Sirohi, vide judgment dated 03.12.2021 in

Sessions Case No.59/2020 (CIS No.59/2020) against the

appellant-applicant Lalit Kumar S/o Juharmal, 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.80,000/- with two sureties of Rs.40,000/- 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.

(VINOD KUMAR BHARWANI),J

7-Mamta/-

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