Phool Chand vs State Of Rajasthan
2022 Latest Caselaw 8136 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc. Suspension of Sentence Application No. 165/2022 In

S.B. Criminal Revision Petition No. 547/2022

Phool Chand S/o Sh. Hem Raj Labana, Aged About 40 Years, B/c Labana, R/o Village Tanda, Dist. Pratapgarh (Raj.). (Presently Lodged In Dist. Jail, Pratapgarh).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh For Respondent(s) : Ms. Anita Gehlot, PP.

HON'BLE MR. JUSTICE MADAN GOPAL VYAS(VACATION JUDGE)

Order

10/06/2022

Heard learned counsel for the applicant-petitioner and

learned Public Prosecutor.

It is stated at Bar by learned counsel for the applicant that

the applicant has not committed any offence alleged against him

and he has wrongly been implicated in the present falsely foisted

case. It is also submitted that the accused-appellant was on bail

during trial and he has never misused the liberty granted. Lastly,

learned counsel has submitted that looking to short sentence

awarded by the learned trial Court, same deserves to be

suspended during pendency of appeal as the hearing of the appeal

would take time.

(2 of 2) [CRLR-547/2022]

Learned Public Prosecutor has opposed the application for

suspension of sentence.

I have bestowed my consideration to the arguments

advanced at the Bar.

Having regard to the facts and circumstances of the case and

taking into account the sentence awarded to the petitioner, i.e., for

two years' simple imprisonment, I feel persuaded to accept this

application for suspension of sentence.

Admit. Record has already been received.

Accordingly, the application for suspension of sentence filed

under Section 397(1) of Cr.P.C. is allowed and it is ordered that

sentence passed by learned Additional Chief Judicial Magistrate,

Pratapgarh, in Cr. Original Case No.232/2010 (67/2013) vide

judgment dated 14.07.2017, as affirmed by learned Sessions

Judge, Pratapgarh, vide judgment dated 20.05.2022 in Cr. Appeal

No.61/2017, against applicant-petitioner, Phool Chand S/o Sh.

Hem Raj Labana, shall remain suspended till final disposal of the

aforesaid revision and he shall be released on bail, provided he

executes a personal bond in the sum of Rs.50,000/- with two

surety bonds of Rs.25,000/-each to the satisfaction of learned trial

Judge for his appearance in this Court on 11.07.2022 and

whenever ordered to do so, till disposal of the revision.

(MADAN GOPAL VYAS(VACATION JUDGE)),J 81-S. Dhingra/-

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