Ravi S/O Sundar vs State Of Rajasthan
2022 Latest Caselaw 4171 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Misc. Suspension of Sentence Application
                               No.557/2022

                                       In

                S.B. Criminal Appeal No. 786/2022

1.     Ravi S/o Sundar, R/o Behind Old Kachahari, Harijan Basti,
       P.s. Mathura Gate, Bharatpur (Raj) (At Present In Central
       Jail, Bharatpur)
2.     Raju S/o Sundar, R/o Behind Old Kachahari, Harijan Basti,
       P.s. Mathura Gate, Bharatpur (Raj) (At Present In Central
       Jail, Bharatpur)
3.     Sundar S/o Kishori, R/o Behind Old Kachahari, Harijan
       Basti, P.s. Mathura Gate, Bharatpur (Raj) (At Present In
       Central Jail, Bharatpur)
                                                                 ----Appellants
                                   Versus
State Of Rajasthan, Through Its Public Prosecutor
                                                                ----Respondent

For Appellant(s) : Mr. Satya Pal Poswal Adv.

For Respondent(s) : Mr. Laxman Meena, PP

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND ( V.J.) Order

31/05/2022

Heard learned counsel for the appellants and learned Public

Prosecutor on application for suspension of sentence.

Counsel for the appellants submits that injured person

namely; PW2-Babulal levelled allegation of receiving fatal injuries

on his person against co-accused Pappu but subsequently he

improved his version during the course of the trial and assigned

the injury to the appellant-Sunder.

(2 of 2) [CRLAS-786/2022]

Counsel further submits that all the accused appellants were

on bail during trial. He further submits that hearing of the appeal

will take its own time.

Per contra, learned Public Prosecutor has opposed the

arguments raised by counsel for the appellants.

Considering the facts that injured Babulal has improved his

version with regard to the fatal injury caused to him during the

course of trial and looking to the facts that the appellants were on

bail during the course of trial and the hearing of the appeal will

take its own time, this Court is of the opinion that it is a fit case

for suspending the sentence awarded to the accused-appellants.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the Additional Sessions Judge, No.3,

Bharatpur, vide judgment dated 30.04.2022 in Sessions Case

No.28/2015 against the appellants Ravi S/o Sundar, Raju S/o

Sundar and Sundar S/o Kishori, shall remain suspended till final

disposal of the aforesaid appeal and they shall be released on bail,

provided they execute a personal bond in the sum of Rs. 40,000/-

with two sureties of Rs. 20,000/- each of them to the satisfaction

of the learned trial Judge for their appearance in this Court on

30.06.2022 and whenever ordered to do so till the disposal of the

appeal.

(ANOOP KUMAR DHAND), V.J.

ANIL SHARMA /182

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