Dharmpriya @ Dimpi S/O Sahab Singh vs State Of Rajasthan
2022 Latest Caselaw 4222 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

      S.B. Criminal Misc. Suspension of Sentence Application
                               No.721/2022

                                       in

                S.B. Criminal Appeal No. 1050/2022

Dharmpriya @ Dimpi S/o Sahab Singh, Aged About 30 Years,
Resident Of Alchi Nagar, Police Station Ajeetmal, District Gouriya,
Uterpradesh (At Present Confined In Central Jail, Jaipur)
                                                                   ----Appellant
                                   Versus
State Of Rajasthan, through PP
                                                                 ----Respondent

For Appellant(s) : Mr. Brahma Nand Sandu For Respondent(s) : Mr. Riyasat Ali, PP

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

Order

17/06/2022

Appellant has challenged the judgment dated

03.06.2022 passed by Jaipur Metropolitan-II, Jaipur in Sessions

Case No.180/2021, whereby he has been convicted and sentenced

for offence under Section 323, 341, 308 of IPC.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.

Counsel for the appellant submits that appellant has

been convicted for offence under Section 308 IPC for three years.

Since appellant was not granted bail during the course of the trial,

(2 of 2) [CRLAS-1050/2022]

therefore, appellant has remain in custody for one year, two

months and five days. Custody certificate has been placed on

record.

Counsel for the appellant has placed reliance on

"Bhagwan Rama Shinde Gosai and Ors. Vs. State of Gujarat

(1999) 4 SCC 421", wherein Apex Court held that during course

of hearing of appeal, the sentence should be suspended ordinarily.

Considering the facts and circumstances of the case

and looking to the custody period and period of punishment, this

Court deems just and proper to suspend the sentence awarded to

the accused-appellant during the hearing of the appeal.

Accordingly, the application for suspension of sentence

is allowed and it is ordered that the sentence passed by court/s

below against the accused-appellant Dharmpriya @ Dimpi S/o

Sahab Singh shall remain suspended, 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 22.07.2022 and as and when called

upon to do so.

(SUDESH BANSAL), (V.J.)

CHANDAN /115

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