Shyamlal S/O Harishchand vs State Of
2022 Latest Caselaw 4192 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR
 S.B. Criminal Misc. Suspension of Sentence Application No.219/2022

                                      In

             S.B. Criminal Revision Petition No. 763/2022

Shyamlal S/o Harishchand, Aged About 52 Years, Resident Of
I.h..s Colony, Bazariya Sawaimadhopur (Rajasthan) (At Present
Confined In District Jail, Sawaimadhopur)
                                                                  ----Petitioner
                                   Versus
State Of, Rajasthan
                                                                ----Respondent

For Petitioner(s)        :     Mr. Tarun Jain
For Respondent(s)        :     Mr. Atul Sharma, PP

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

Order

15/06/2022

Petitioner has challenged the impugned judgment dated

24.05.2022 passed by Additional Sessions Judge, Swai Madhopur

in criminal appeal No.62/2020 whereby he upheld the order dated

08.12.2020 passed by Judicial Magistrate, Boli, District Swai

Madhopur in criminal case No.115/2014 whereby the petitioner

has been sentenced for offence under Sections 279 of IPC for

three months simple imprisonment and fine of Rs.500/- and for

offence under Section 337 of IPC for three months simple

imprisonment and fine of Rs.300/- and for offence under Section

338 of IPC for one year's simple imprisonment and fine of

Rs.500/- and for offence under Section 304A of IPC for two years

imprisonment and fine of Rs.1000/- in default of punishment of

fifteen days simple imprisonment was given. Alongwith the

(2 of 2) [CRLR-763/2022]

revision petition, the petitioner has filed this application for

suspension of sentence.

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 offence and punishment as also of the fact that petitioner is in

judicial custody since 24.05.2022, 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 the petitioner deposits the fine as

directed by the court below 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 accused-petitioner-Shyamlal S/o Harishchand shall be

released on bail 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.)

NITIN /105

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