Bauddin Khan S/O Jeevan Khan vs State Of Rajasthan
2022 Latest Caselaw 4185 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Misc. Suspension of Sentence Application
                           No.232/2022
                                         In
             S.B. Criminal Revision Petition No. 808/2022

Bauddin Khan S/o Jeevan Khan, R/o Shanti Nagar, Industrial
Area, Sikar Tessil , District Sikar (Rajasthan) (At Present In Jail,
District Sikar)
                                                                         ----Petitioner
                                     Versus
State Of Rajasthan, Through Public Prosecutor
                                                                       ----Respondent

For Petitioner(s) : Mr. Vijay Kumar Jangid 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

25.05.2022 passed by Additional Sessions Judge No.4, Sikar in

appeal No. 162/2015, whereby the appeal has been dismissed and

confirmed the judgment dated 01.10.2015 passed by the

Additional Chief Judicial Magistrate, Sikar in criminal case

No.43/2006 (883/2014) whereby petitioner has been convicted

and sentence under Section 377 of IPC and sentence to undergo

three years simple imprisonment with fine of Rs.10,000/- in

default to further undergo six months simple imprisonment.

Alongwith the revision petition, the petitioner has filed this

application for suspension of sentence.

(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, nature

of allegation and the fact that the petitioner was on bail during

trial and pendency of appeal, 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

compensation of Rs.10,000/-, 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-Bauddin Khan S/o Jeevan Khan

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/127

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