Chotulal S/O Kalulal vs State Of Rajasthan
2022 Latest Caselaw 4184 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

      S.B. Criminal Misc. Suspension of Sentence Application
                           No.210/2022
                                         In
           S.B. Criminal Revision Petition No. 736/2022

Chotulal S/o Kalulal, R/o Hamau Police Station Modak, District
Kota (Raj) (Presently Confined In Sub Jail Ramganjmandi District
Kota)
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Public Prosecutor
                                                                  ----Respondent

For Petitioner(s) : Mr. Ajay Singh Yaduvanshi For Respondent(s) : Mr. Shyam Prakash Sharma, PP

HON'BLE MR. JUSTICE SUDESH BANSAL (V.J.)

Order

14/06/2022

Petitioner has challenged the impugned judgment dated

15.02.2020 passed by Additional Sessions Judge Ramganjmandi,

District Kota, in appeal No. 118/2019, whereby the appeal has

been dismissed and confirmed the judgment dated 15.11.2019

passed by the Judicial Magistrate, Ramganjmandi in criminal case

No.1401/2017 (1401/2017) whereby petitioner has been

convicted and sentence under Section 341, 323 & 325 of IPC to

undergo two years simple imprisonment with fine of Rs.2000/- in

default to further undergo two months simple imprisonment. The

Appellate Court granted benefit of probation subject to payment of

Rs.10,000/-. However, the petitioner could not deposit the fine

amount within time prescribed by the Appellate Court.

(2 of 2)

Heard learned counsel for accused-petitioner as well as

learned Public Prosecutor and perused the material available on

record.

Considering the facts and circumstances of the case where

the appellate court has already passed order to grant benefit of

probation on deposition of fine, but without commenting on merits

of the case, this Court deems it just and proper to suspend the

sentence awarded to the accused-petitioner.

Accordingly, in case petitioner deposits amount of fine of

Rs.10,000/- as directed by the appellate court within a period of

two weeks from today, the sentence of the petitioner shall remain

suspended, the application for suspension of sentence is allowed

and it is ordered that the sentence passed by court below against

the accused-petitioner-Chotulal S/o Kalulal shall remain

suspended, provided he executes a personal bond in the sum of

Rs.50,000/- along with two sureties of Rs.25,000/- each to the

satisfaction of the trial court for his appearance in this court on

18.07.2022 and as and when called upon to do so.

(SUDESH BANSAL (V.J.)),J

TN/126

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