Hanuman S/O Maduram vs State Of Rajasthan
2022 Latest Caselaw 4200 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     S.B. Criminal Misc. SOS (Bail) Application No.722/2022

                                       IN

                S.B. Criminal Appeal No. 1051/2022

1.       Hanuman S/o Maduram, R/o Alipur Ki Dhani, Police
         Station Mundawar, District Alwar (At Present Confined In
         Sub Jail Kishangarh Bas, District Alwar)
2.       Bahadur S/o Maduram, R/o Alipur Ki Dhani, Police Station
         Mundawar, District Alwar
                                                                  ----Appellants
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                                                 ----Respondent

For Appellant(s)          :    Mr. Kapil Gupta
For Respondent(s)         :    Mr. Atul Sharma, PP

HON'BLE MR. JUSTICE SUDESH BANSAL (V.J.) Order 16/06/2022

Appellants have challenged the judgment dated 09.06.2022

passed by learned Additional District and Sessions Judge,

Mundawar, District Alwar (Raj.) in sessions case No.63/2018 (CIS

No.63/2018) whereby appellants have been convicted and

sentenced for offence under Sections 323 of IPC for one year

rigorous imprisonment as well as fine of Rs.1000/- in default of

payment ten days rigorous imprisonment was given and for

offence U/s 447 of IPC two months rigorous imprisonment as well

as fine of Rs.500/- in default of payment five days rigorous

imprisonment was given and appellant No.2-Bahadur U/s 325 of

IPC three years rigorous imprisonment as well as fine of Rs.3000/-

in default of payment fifteen days rigorous imprisonment was

given and appellant No.1-Hanuman U/s 326 of IPC four years

(2 of 2) [CRLAS-1051/2022]

rigorous imprisonment as well as fine of Rs.4000/- in default of

payment twenty days rigorous imprisonment was given. 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.

Considering facts and circumstances of the case and the fact

that both appellants were on bail during trial, as far as appellant

No.2-Bahadur is concerned his sentence has already been

suspended for a period of one month and as far as appellant No.1-

Hanuman is concerned, is in custody from 09.06.2022, however,

both appellants were on bail during trial. Appeal has been

admitted for hearing and the hearing of appeal will take its own

time, but without commenting on merits of the case; this Court

deems it just and proper to suspend the sentence awarded to the

accused-appellant.

Accordingly, the application for suspension of sentence is

allowed. The sentence of appellants shall remain suspended during

pendency of appeal, it is ordered that accused-appellant-Bahadur

S/o Maduram, shall be enlarged on bail and accused-appellant-

Hanuman S/o Maduram shall be released on bail provided each

of them 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 their appearance before this court on 21.07.2022

and as and when called upon to do so.

(SUDESH BANSAL), (V.J.)

SAURABH/86

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