Manish Kumar vs State
2022 Latest Caselaw 415 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Criminal Misc. Suspension of Sentence Application (Appeal) No.17/2022 iN S.B. Criminal Appeal No. 13/2022

Manish Kumar S/o Roshan Lal Kumawat, Aged About 40 Years, r/o Street Of Jain Mandir, F-164, Rajput Colony, P.S. Subhash Nagar, Bhilwara.

----Appellant Versus State, Through PP

----Respondent

For Appellant(s) : Mr. Rajendra Kumar Soni through VC For Respondent(s) : Mr. A.R.Choudhary, P.P.

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 sentenced for three years 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)                   [SOSA-17/2022]



                                        Having    considered        the     facts       and     circumstances    and

particularly the fact that sentence imposed upon the appellant-

applicant is of three years, 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 Additional Sessions Judge No.2,

Bhilwara, vide judgment dated 09.12.2021 in Sessions Case No.

46/2016 against the appellant-applicant Manish Kumar S/o

Roshan Lal Kumawat, 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.40,000/- with two

sureties of Rs.20,000/- 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

10-RP/-

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