Jaiprakash vs State Of Rajasthan
2022 Latest Caselaw 8140 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Revision Petition No. 621/2022

Jaiprakash S/o Nathulal Sharma, aged about 45 years, B/c Brahmin R/o Harinarayanpura, P.S. Kotkhawada, District Jaipur (Lodged at District Jail, Pali)

----Petitioner Versus

1. State of Rajasthan

2. Abhilasha W/o Jaiprakash D/o Chiranjilal, aged about 29 years, R/o D-1 Tagor Nagar Pali

----Respondents

For Petitioner(s) : Mr. D.K. Godara For Respondent(s) : Mr. Gaurav Singh, P.P.

Mr. Mahesh Joshi, for the respondent

HON'BLE MR. JUSTICE KULDEEP MATHUR (VACATION JUDGE) Order 13/06/2022

Call for the record.

Heard learned counsel for the parties on the application for

suspension of sentence.

The petitioner has been convicted and sentenced as below

vide Judgment dated 27.02.2020 passed by Judicial Magistrate,

Pali in Criminal Original Case No. 176/2015 as affirmed by the

Sessions Judge, Pali vide Judgment dated 09.06.2022 passed in

Criminal Appeal No. 39/2020 :-

Offence Sentences Fine Fine Default sentences u/s 498-A IPC 1 year SI Rs.1000/- 1 month additional SI u/s 323 IPC 6 months SI Rs.500/- 15 days additional SI

(2 of 2) [CRLR-621/2022]

The petitioner has moved this application under Section

397(1) of Cr.P.C. seeking suspension of sentences awarded to him

by the trial court and affirmed by the appellate court.

Heard learned counsel for the petitioner, learned public

prosecutor and learned counsel for the respondent No. 2

/complainant on the application for suspension of sentence.

Learned Public Prosecutor supported by learned counsel for

the respondent No. 2/complainant have opposed application for

suspension of sentence.

Upon a consideration of the arguments advanced on behalf

of the petitioner and having regard to the facts and circumstances

of the case, this Court is of the opinion that it is a fit case for

suspending substantive sentence awarded to the accused-

petitioner.

Accordingly, the application under Section 397(1) of Cr.P.C.

for suspension of sentence is allowed and it is ordered that

substantive sentence passed by the Judicial Magistrate, Pali vide

judgment dated 27.02.2020 in Criminal Original Case

No. 176/2015 and affirmed by the Sessions Judge, Pali vide

judgment dated 09.06.2022 in Criminal Appeal No. 39/2020

against the accused-petitioner - Jaiprakash S/o Nathulal

Sharma shall remain suspended till final disposal of aforesaid

revision provided he executes a personal bond in the sum of

Rs.50,000/- along with two sureties in the sum of Rs.25,000/-

each to the satisfaction of the learned trial Judge for his

appearance before this court on 14.07.2022 and whenever

ordered to do so till the disposal of the revision petition.

(KULDEEP MATHUR), VJ

119-Inder/-

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