Suresh @ Jitendra @ Pappu S/O Shri ... vs State Of Rajasthan
2022 Latest Caselaw 2653 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR
     D.B. Criminal Misc. Suspension of Sentence Application
                              No.252/2022
                                       IN

                D.B. Criminal Appeal No. 14/2021

1.       Suresh @ Jitendra @ Pappu S/o Shri Ratana Nath, R/o
         Badnagar, Police Station Badnagar, District Ujjain (M.p.)
2.       Kalu Nath @ Ramesh Nath S/o Shri Lalu Nath @ Heera
         Nath, R/o Khamlipada, Police Station Petlawat, District
         Jhabua (M.p.)
         (At Present Confined In Central Jail Jaipur)
                                                                   ----Appellants
                                    Versus
State Of Rajasthan, Through P.p.
                                                                  ----Respondent

For Appellant(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Javed Choudhary, Addl. G.A.

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

Judgment / Order

30/03/2022

1. Accused-applicants have preferred this application for

suspension of sentence.

2. Heard on application for suspension of sentence.

3. It is contended by counsel for the applicants that applicants

are in custody since more than thirteen years. Submission is that

there was no direct allegation against the applicants.

4. Learned Public Prosecutor has opposed the application for

suspension of sentence.

(2 of 2) [SOSA-252/2022]

5. We have considered the contentions.

6. Considering the facts and circumstance, specially the fact

that applicants have remained in custody for thirteen years, 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-

applicants in Sessions Case No.27/2011 shall remain suspended if

each of the applicants 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 they shall appear

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

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

ARTI SHARMA /19

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