Lal Singh S/O Kalu Singh vs State Of Rajasthan
2022 Latest Caselaw 4190 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

       S.B.Criminal Misc. S.O.S. Application No.418/2022

                                       In

                 S.B. Criminal Appeal No. 607/2022

Lal Singh S/o Kalu Singh, Aged About 42 Years, R/o Mela Maidan
Kaleshwar Mandir, Bhawani Mandi, Presently Sanjay Nagar, Gali
No2, House No. 234A, Police Station Vigyan Nagar, District Kota
(Rajasthan) (At Present Under Judicial Custody Central Jail Kota
Rajasthan)
                                                                   ----Appellant
                                   Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Appellant(s) : Mr. R.B. Sharma Ganthola For Respondent(s) : Mr. Shyam Prakash Sharma, PP

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

Order

14/06/2022

The appellant has challenged the judgment dated

05.04.2022 passed in case No.34/2014 by Additional Sessions

Judge No.3, Kota whereby the appellant has been convicted and

sentenced under Section 307 of IPC to undergo five years rigorous

imprisonment and fine of Rs.20,000/- in default three months

simple imprisonment, under Section 325 of IPC three years

rigorous imprisonment and fine of Rs.5,000/- in default one month

simple imprisonment under Section 323 of IPC six months

rigorous imprisonment and fine of Rs.500/- in default seven days

simple imprisonment. Sentences were to run concurrently. Out of

the amount of fine Rs.10,000/- were to be paid to injured as

(2 of 2)

compensation. Alongwith the appeal, the appellant has filed this

application for suspension of sentence.

Heard learned counsel for the accused-appellant as well as

learned Public Prosecutor and perused the material available on

record.

Appeal has been admitted for hearing.

Considering the facts and circumstances of the case, where

injury has been found to be caused by blunt weapon and there is

no finding that the same is sufficient to cause death, further the

case of the appellant is that scuffle occurred due to sudden

provocation as well as considering the fact that the appellant was

already on bail during the course of trial and he is in judicial

custody since 05.04.2022, but without commenting on merits of

the case; this court deems it just and proper to suspend the

sentence awarded to the accused-appellant during the course of

appeal.

Accordingly, the application for suspension of sentence is

allowed and the sentence of appellant shall remain suspended

during pendency of appeal, it is ordered that the accused-

appellant Lal Singh S/o Kalu Singh, shall be released on bail

provided he execute a personal bond in the sum of Rs.50,000/-

along with two sureties in the like amount 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/123

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