Citation : 2022 Latest Caselaw 4701 Raj/2
Judgement Date : 11 July, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 387/2022
Mohar Singh S/o Shri Jay Narayan, R/o Liloti Ka Pura Tan Katora,
Tehsil Hindaun, Dist. Karauli (Raj.) (At Present Accused Petitioner
Confined In Sub Jail Hindaun City, District Karauli) Through Wife
Smt. Leela Wife Of Mohar Singh, Aged About 33 Years, R/o Liloti
Ka Pura Tan Katora, Tehsil Hindaun, Dist. Karauli (Raj.)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. Bhuvnesh Sharma Adv. For Respondent(s) : Mr. Chandragupt Chopra, Assistant Government Advocate
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
11/07/2022
In writ petition No. 387/2022:-
Issue notice.
Learned Assistant Government Advocate accepts notice on
behalf of State-respondent.
Let the State-respondent shall file reply as to why this
petition shall not be disposed of at the admission stage.
Call for the lower courts' record.
In Criminal SOS No.: 1/2022
This application has been preferred by wife of Mohar Singh.
Mohar Singh faces trial in Criminal Case No. 95/2010, 777/2007
before Gram Nyayalaya, Hindaun City and was convicted for
offences under Section 279, 337, 338 & 304-A IPC.
(2 of 2) [CRLW-387/2022]
For offences under Section 279, 337, 338 IPC, seven days
simple imprisonment was awarded alongwith fine of Rs. 500/- and
for offence under 304-A IPC, one month simple imprisonment was
awarded alongwith fine of Rs. 1,000/-.
The appeal preferred against judgment of conviction was
dismissed by the learned Additional Sessions Judge in Criminal
Case No. 34/2018 on 2/7/2022 with modification of sentence that
the sentence shall run concurrently.
Submission is that Mohar Singh is still in custody.
Accordingly, application for suspension of sentence is allowed
and it is ordered that sentence awarded to the accused-petitioner
namely, Mohar Singh S/o Shri Jai Narayan in by learned
Village Court, Hindaun City in Sessions Case No.95/2010 &
777/2017 shall remain suspended during pendency of the writ
petition and he be released on bail provided he furnishes a
personal bond in the sum of Rs.10,000/- with two sureties in the
amount of Rs. 5,000/- each to the satisfaction of the learned trial
court with the stipulation that he shall appear before this court on
16.08.2022 and whenever called to do so.
(BIRENDRA KUMAR),J
ANIL SHARMA/110
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