Citation : 2022 Latest Caselaw 4202 Raj/2
Judgement Date : 16 June, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Bail Application for Suspension of Sentence
No.201/2022
In
S.B. Criminal Revision Petition No. 707/2022
Bhagwanlal Son Of Shri Nanulal, Resident Of Simlodh Police
Station Nahargarh, District Baran Rajasthan (At Present Confined
In District Jail Baran)
----Petitioner
Versus
State Of Rajasthan, Through P.p
----Respondent
For Petitioner(s) : Mr. Shushil Pujari For Respondent(s) : Mr. M.K. Sheoran, PP
HON'BLE MR. JUSTICE SUDESH BANSAL (V.J.)
Order
16/06/2022
Petitioner has challenged the impugned judgment dated
18.05.2022 passed by Special Judge S.C./S.T. Cases Baran (Raj.)
in criminal appeal No.52/2017 (46/2017) whereby he upheld the
order dated 14.12.2010 passed by Judicial Magistrate First Class
Kishanganj District Baran in criminal case No.263/2008 whereby
the petitioner has been convicted and sentenced for offence U/s
304A of IPC for two years simple imprisonment as well as fine of
Rs.2000/- in default of payment two months simple imprisonment
was given and for offence U/s 279 & 337 of IPC for three months
simple imprisonment for each section as well as a fine of Rs.500/-
for each section in default of payment fifteen days simple
imprisonment was given for each section and for offence U/s
(2 of 2) [CRLR-707/2022]
39/192 of MV Act a fine of Rs.2000/- was given in default of
payment fifteen days simple 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, nature
of the offence and punishment as also of the fact that petitioner is
in judicial custody since 18.05.2022 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 amount of
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-Bhagwanlal Son Of Shri
Nanulal, 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 20.07.2022 and as and when called
upon to do so.
(SUDESH BANSAL), (V.J.)
SAURABH/78
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