Kamlesh @ Kamal Meena S/O Shri ... vs State Of Rajasthan
2022 Latest Caselaw 5139 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     S.B. Criminal Misc. Second Bail Application No.364/2022
               (Suspension of Sentence Application)
                                       IN
            S.B. Criminal Revision Petition No.98/2022

Kamlesh @ Kamal Meena S/o Shri Ratan Lal, Aged About 20
Years, R/o Near Goner Bus Stand, Thana Shivdaspura, Jaipur
(Raj.)
(At present in District Jail at Jaipur).
                                                        ----Accused-Petitioner
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                                                ----Respondent

For Petitioner(s) : Mr. Shivraj Chauhan, Adv. For Respondent(s) : Mr. B.S. Sharma, P.P.

HON'BLE MR. JUSTICE UMA SHANKER VYAS Order

26/07/2022

Heard learned counsel for the parties on the second

application filed for suspension of sentence and perused the entire

material available on record.

Learned counsel for the petitioner submits that the first

application for suspension of sentence of the accused-applicant

was dismissed by this Court vide order dated 05.07.2022 on the

ground that he was absent at the time of judgment being passed

by the learned appellate Court and did not surrender himself

before the learned trial Court.

Learned counsel for the accused-applicant further submits

that the accused-applicant has now surrendered before the

(2 of 2) [2ndSOSR-364/2022]

learned trial Court and he is presently behind bars. Learned

counsel further submits that final hearing of the revision petition is

likely to take time thus sentence of the accused-applicant may be

suspended.

Learned Public Prosecutor has vehemently opposed the

prayer regarding suspension of sentence.

Having considered all the facts and circumstances of the case

and the fact that the accused-applicant has now surrendered

before the learned trial Court but without commenting upon the

merits/demerits of the case, this Court is inclined to suspend the

sentence of the accused-applicant.

Accordingly, the second application for suspension of

sentence is allowed and it is ordered that the sentence awarded by

the learned trial Court in Criminal Case No.2624/2012 and as

affirmed by the learned appellate Court against the accused-

applicant namely, Kamlesh @ Kamal Meena S/o Shri Ratan

Lal shall remain suspended during pendency of petition and he

shall be released on bail, provided he furnishes a personal bond in

the sum of Rs.1,00,000/- along with two sureties in the sum of

Rs.50,000/- each to the satisfaction of the learned trial Court with

the stipulation that he shall appear before this court on 29th

August, 2022 and thereafter as and when called upon to do so.

(UMA SHANKER VYAS),J DANISH USMANI /36

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