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Rajkumar @ Raju S/O Gopallal vs State Of Rajasthan
2022 Latest Caselaw 1920 Raj/2

Citation : 2022 Latest Caselaw 1920 Raj/2
Judgement Date : 3 March, 2022

Rajasthan High Court
Rajkumar @ Raju S/O Gopallal vs State Of Rajasthan on 3 March, 2022
Bench: Pankaj Bhandari, Birendra Kumar
        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR
     D.B. Criminal Misc. Suspension of Sentence Application
                              No.1104/2021
                                       IN

               D.B. Criminal Appeal No. 177/2021

Rajkumar @ Raju S/o Gopallal, Aged About 39 Years, R/o
Haryana Mohalla, Purana Sahar, Kishangarh, District Ajmer
(Appellant Is Confined In Central, Jail, Ajmer )
                                                                   ----Appellant
                                     Versus
State Of Rajasthan, Through The Public Prosecutor
                                                                 ----Respondent
For Appellant(s)          :     Mr. Amit Jindal
                                Mr. Siya Ram Sharma
For Respondent(s)         :     Mr. Javed Choudhary, Addl. Govt. Adv.



           HON'BLE MR. JUSTICE PANKAJ BHANDARI
            HON'BLE MR. JUSTICE BIRENDRA KUMAR

                          Judgment / Order

03/03/2022

1.     Accused-appellant       has      preferred         this   application   for

suspension of sentence.


2. Heard on application for suspension of sentence.

3. It is contended by counsel for the appellant that the incident

took place on the spur of the moment. The cat of the deceased

caused some bruises to the appellant. It is also contended that the

deceased and appellant were neighbours. They were having good

terms and appellant has already remained in custody for more

than six years.

4. Learned Additional Government Advocate has opposed the

(2 of 2) [SOSA-1104/2021]

application for suspension of sentence.

5. We have considered the contentions.

6. Taking note of the fact that the incident took place on the

spur of the moment, appellant has already remained in custody

for more than six years and without commenting on the merits of

the case, we deem it proper to allow the application for

suspension of sentence.

7. Accordingly, the application for suspension of sentence is

allowed. It is ordered that the sentence awarded to accused-

applicant in Sessions Case No.03/2019 (12/2016) CIS No.11/2016

shall remain suspended if the appellant furnishes a personal bond

of Rs.1,00,000/- (Rupees One Lac only) together with two sureties

in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to

the satisfaction of the learned trial Court to the effect that he shall

appear before this Court as and when called upon to do so.

(BIRENDRA KUMAR),J (PANKAJ BHANDARI),J

ARTI SHARMA /17

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