Ramlal vs State Of Rajasthan
2022 Latest Caselaw 957 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 51/2022

Ramlal S/o Sh. Narayan Lal, Aged About 33 Years, Badarajpura, P.s. Kanod, Dist. Udaipur (Raj.).

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

----Respondent

For Appellant(s) : Mr. Bharat Singh Rathore For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

19/01/2022

Heard.

Admit.

Call for record.

Issue notice to the respondent. Learned Public Prosecutor accepts notice on behalf of State.

Heard learned counsel for the applicant-appellant and learned

public prosecutor for the State on application for suspension of

sentence. Perused the material available on record.

It is contended by the counsel for the applicant-appellant that

appellant has been awarded sentence for two years' rigorous

imprisonment. It is also submitted that the applicant-appellant was on

bail during trial and he has not misused the liberty of bail and disposal

of the appeal will consume time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

(2 of 2) [CRLAS-51/2022]

I have heard and considered the arguments advanced by the

counsel for the parties and have gone through the material available on

record.

Having considered the facts and circumstances and particularly

the fact that applicant-appellant is awarded maximum sentence of two

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 Addl. District Judge, Bali, District Pali, vide

judgment dated 17.12.2021 in Sessions Case No.67/2016 (82/2015)

against the appellant-applicant Ramlal S/o Narayan Lal 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.50,000/- with two sureties of Rs.25,000/- 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.

(MADAN GOPAL VYAS),J 2-CPGoyal/-

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