Rakesh S/O Sultan Meena vs State Of Rajasthan
2022 Latest Caselaw 4193 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR
 S.B. Criminal Misc. Suspension of Sentence Application No.238/2022

                                         In

             S.B. Criminal Revision Petition No. 822/2022

Rakesh S/o Sultan Meena, Aged About 41 Years, R/o Peelva
Kalan,    Police    Station     Sikandra,         District        Dausa   Rajasthan
Presently Confined In Sub Jail Bandikui (Dausa)
                                                                      ----Petitioner
                                     Versus
State Of Rajasthan, Through PP
                                                                    ----Respondent

For Petitioner(s) : Mr. Sandeep Kumar Sharma 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

31.05.2022 passed by Additional Sessions Judge, Sikrai, District

Dausa in criminal appeal No.17/2021 whereby he upheld the order

dated 23.11.2012 passed by Judicial Magistrate, Sikrai, Dausa in

criminal case No.261/2011 whereby convicting the petitioner for

offence under Sections 379 and 420 and sentenced for offence

under Sections 411 and 120B of IPC for three years simple

imprisonment and fine of Rs.3000/- and for offence under Section

467 of IPC for three years simple imprisonment and fine of

Rs.10,000/- and for offence under Section 468 of IPC for three

years simple imprisonment and fine of Rs.5000/- and for offence

under Section 471 of IPC for two years imprisonment and fine of

Rs.2000/- in default of punishment of three months simple

(2 of 2) [SOSR-238/2022]

imprisonment was given. Alongwith the 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 and that

sentence of co-accused has already been suspended, nature of

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

judicial custody since 31.05.2022, 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-Rakesh S/o Sultan Meena 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 /107

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