Vishnu Nayak S/O Banwarlal Nayak vs State Of
2022 Latest Caselaw 4892 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR



     D.B.Criminal Misc.Suspension of Sentence No.646/2022
                                           in
               D.B. Criminal Appeal (Db) No. 112/2022
Vishnu Nayak S/o Banwarlal Nayak, R/o Opp. Tejnarains Home,
Gurunanak        Colony,      Police      Station       Kotwali       District   Bundi
(Rajasthan) (Accused-Appellant At Present Confined In District
Jail Bundi)
                                                                        ----Appellant
                                       Versus
State Of, Rajasthan
                                                                      ----Respondent

For Appellant(s) : Mr. Sanjay Mehrish, Adv. For Respondent(s) : Ms.Rekha Madnani, PP

HON'BLE THE CHIEF JUSTICE MR. S. S. SHINDE HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

18/07/2022 The matter comes upon an application for suspension of

sentence of accused-appellant.

The counsel submits that instant case is based on

circumstantial evidence and there is no evidence against the

appellant except recovery of motor-cycle. Counsel submits that

during the course of the trial the appellant was on bail. Counsel

submits that hearing of the appeal will take its own time to

conclude, so indulgence of suspension of sentence be granted to

the appellant.

(2 of 3) [SOSA-646/2022]

Per contra, learned Public Prosecutor opposed the arguments

raised by the counsel for the appellant and submitted that the

appellant is having criminal antecedents, so indulgence of

suspension should not be extended to him.

We have considered the submissions made by the counsel for

the parties and perused the record of the appeal.

A perusal of the impugned judgment indicates that the

instant case is based on circumstantial evidence. Except recovery

no other incriminating evidence has been led by the prosecution

against the appellant. The appellant is having an arguable case at

the time of hearing of the appeal but hearing of the appeal will

take its own time to conclude.

Considering the submissions made hereinabove, the instant

application for suspension of sentence deserves to be allowed.

Accordingly, application for suspension of sentence is

allowed. It is ordered that sentence awarded to accused-appellant

Vishnu Nayak S/o Shri Bhanwarlal Nayak in Sessions Case

No.86/2017 shall remain suspended during pendency of the

appeal if the appellant furnishes a personal bond in the sum of

Rs.1,00,000/- (Rs. One lac) with two sureties of Rs.50,000/- (Rs.

Fifty Thousand) each to the satisfaction of the learned trial court

to the effect that he shall appear before this Court on 22.08.2022

and thereafter as and when called upon to do so.

It is made clear that the observations made herein-above are

confined to disposal of the present application.

(3 of 3) [SOSA-646/2022]

D.B. Criminal Appeal (Db) No. 112/2022:-

The appeal would be heard and decided on merits as and

when taken up for hearing.

(ANOOP KUMAR DHAND),J (S. S. SHINDE),CJ

N.Gandhi-Pravesh/18

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