Nandlal vs State Of Rajasthan
2022 Latest Caselaw 13214 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Stay Petition No. 5444/2022 In S.B. Criminal Writ Petition No. 336/2022

Nandlal S/o Shri Kanhaiyalal @ Kana, Aged About 40 Years, R/o Biliyarundi, Police Station Dhamotar, Pratapgarh Through His Father Kana Meena S/o Shri Hakara Meena, Aged 58 Years, R/o Village Bilya Rundi, Pratapgarh, Narayankheda, Pratapgarh. (Presently Lodged At District Jail, Pratapgarh)

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

----Respondent

For Petitioner(s) : Mr. R.C. Purohit For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

09/11/2022 The petitioner has been convicted for the offences under

Sections 279, 337, 338 and 304A of IPC and sentenced to undergo

imprisonment vide Judgment dated 04.09.2018 passed by learned

Nyayadhikari, Gram Nyayalay, Pratapgarh in Criminal Regular Case

No. 373/2011 as affirmed vide Judgment dated 25.08.2022 by the

Sessions Judge, Pratapgarh in Criminal Appeal No.94/2018.

Heard learned counsel for the petitioner and learned public

prosecutor.

The petitioner has moved this application under Article 226

of the Constitution of India seeking suspension of sentence

awarded to him. Learned counsel for the petitioner submits that

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petitioner was on bail during the trial. He further submits that

accident has not been caused due to the negligence of the

petitioner and the learned courts below have committed an error

while convicting the petitioner in the present case, therefore, the

sentence of the petitioner may be suspended.

Learned Public Prosecutor opposes the grant of application

for suspension of sentence.

Upon consideration of the arguments advanced and taking

into account the fact and circumstances of the case, this Court is

of the opinion that it is a fit case for suspending the sentence

awarded to the accused-petitioner.

Accordingly, the application filed under Article 226 of the

Constitution of India is allowed and it is ordered that substantive

sentence passed by Nyayadhikari, Gram Nyayalay, Pratapgarh in

Criminal Regular Case No. 373/2011 on 04.09.2018 as affirmed

vide Judgment dated 25.08.2022 by the Sessions Judge,

Pratapgarh in Criminal Appeal No.94/2018 against the accused-

petitioner- Nandlal S/o Shri Kanhaiyalal @ Kana shall remain

suspended till final disposal of aforesaid criminal writ petition

provided he executes a personal bond in the sum of Rs.40,000/-

along with two sureties in the sum of Rs.20,000/- each to the

satisfaction of the learned trial Judge for his appearance before

this court on 05.12.2022 and whenever ordered to do so till the

disposal of the petition.

However, it is made clear that after the enlargement in this

case, if the petitioner is found involved in any other criminal case,

then no leniency will be extended to the petitioner in future.

Record of this condition and the antecedents of the petitioner will

(3 of 3)

be maintained by the concerned Police Station of the area where

the petitioner resides. A copy of this order be sent to the local

police station where the petitioner resides.

It is also ordered that the petitioner will mark his attendance

in the local police station of the area of his permanent residence in

every three months.

(VINIT KUMAR MATHUR),J

324-Payal/-

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