Khammuram vs State Of Rajasthan
2022 Latest Caselaw 8141 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Revision Petition No. 622/2022

Khammuram S/o Mangla Ram, aged about 50 years, R/o Guda Ki Dhani, Police Station Luni, At present Police Station Kudi Bhagtasani, Jodhpur.

(Presently lodged in Central Jail, Jodhpur)

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. D.L. Rawla For Respondent(s) : Mr. Gaurav Singh, P.P.

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 18.09.2018 passed by Metropolitan

Magistrate, Jodhpur Metropolitan in Criminal Case No. 34/2017 as

affirmed by the Additional Sessions Judge No. 4, Jodhpur

Metropolitan vide Judgment dated 08.06.2022 passed in Criminal

Appeal No. 450/2018 :-

Offence             Sentences              Fine                   Fine        Default
                                                                  sentences
u/s 16/54 of 1 year SI                     Rs.10,000/- 15 days additional
Raj. Excise Act                                        SI




                                                                            (2 of 2)                     [CRLR-622/2022]

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 and learned public

prosecutor on the application for suspension of sentence.

Learned Public Prosecutor has 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 Metropolitan Magistrate,

Jodhpur Metropolitan vide judgment dated 18.09.2018 in Criminal

Case No. 34/2017 and affirmed by the Additional Sessions Judge

No. 4, Jodhpur Metropolitan vide judgment dated 08.06.2022 in

Criminal Appeal No. 450/2018 against the accused-petitioner -

Khammuram S/o Mangla Ram 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

120-Inder/-

Powered by TCPDF (www.tcpdf.org)