Hemant vs State Of Rajasthan
2022 Latest Caselaw 8225 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc. Suspension of Sentence Application No.171/2022 In S.B. Criminal Revision Petition No. 562/2022

Hemant S/o Sh. Madhavlal, Aged About 52 Years, R/o Ariyapati Road, Dist. Pratapgarh.

(Presently Lodged In Dist. Jail, Pratapgarh).

----Petitioner Versus State of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Manish Rajpurohit For Respondent(s) : Mr. S. S. Rajpurohit, PP

HON'BLE MR. JUSTICE RAMESHWAR VYAS (VACATION JUDGE)

Order

16/06/2022

Heard learned counsel for the parties on the application for

suspension of sentence.

The petitioner has been convicted and sentenced vide

Judgment dated 18.09.2017 passed by Additional Chief Judicial

Magistrate, Pratapgarh in Regular Criminal Case No. 274/02 as

affirmed vide Judgment dated 24.05.2022 by the Sessions Judge,

Pratapgarh in Criminal Appeal No.70/2017 as below:-

Offence             Sentences             Fine                   Fine         Default
                                                                 sentences
u/s 7/16    PFA 2 years SI                Rs.10,000/- 6 months additional
Act,1954                                              SI





                                                                              (2 of 2)                     [CRLR-562/2022]

The petitioner has moved this application under Section

397(1) Cr.P.C. seeking suspension of sentence 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 opposes the grant of application

for suspension of sentence.

Upon 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 Additional Chief Judicial

Magistrate, Pratapgarh on 18.09.2017 in Regular Criminal Case

No. 274/02 as affirmed vide Judgment dated 24.05.2022 by the

Sessions Judge, Pratapgarh in Criminal Appeal No.70/2017 against

the accused-petitioner- Hemant S/o Sh. Madhavlal 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

15.07.2022 and whenever ordered to do so till the disposal of the

revision petition.

(RAMESHWAR VYAS), VJ

140-Shahenshah/-

Powered by TCPDF (www.tcpdf.org)