Padma Ram vs State Of Rajasthan
2022 Latest Caselaw 14039 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1858/2022

Padma Ram S/o Achla Ram, Aged About 32 Years, B/c Jat R/o Lani Kantha, Kudla P.S. Sadar Barmer (At Present Lodged In Dist. Jail Barmer)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Prahlad Ram S/o Bhikha Ram Meghwal, R/o Dansingh Ki Hodi Barmer

----Respondents

For Appellant(s) : Mr. MS Borawat For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

29/11/2022

Heard.

Admit.

Heard learned counsel for the applicant-appellant and

learned public prosecutor for the State on application for

suspension of sentence No.1115/2022. Perused the material

available on record.

It is contended by the counsel for the applicant-appellant

that appellant was convicted and sentence to suffer three years

simple imprisonment and the trial court has suspended the

sentence of the accused-appellant. Therefore, learned counsel for

the appellant submits that the sentence awarded to the accused-

appellant may be suspended as the hearing of the appeal may

take long time.

(2 of 2) [CRLAS-1858/2022]

Learned Public Prosecutor has opposed the application for

suspension of sentence.

I have heard and considered the arguments advanced by the

counsel for the parties and have gone through the material

available on record.

Having considered the facts and circumstances and

particularly the fact that applicant-appellant is awarded maximum

sentence of three years, and he was on bail during trial, disposal

of appeal will consume time, therefore, this Court deems it fit and

proper to allow the application for suspension of sentence filed by

the appellant-applicant.

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 learned Special Judge, SC/ST Act

(Prevention of Atrocities), Act Cases, Barmer vide judgment dated

11.11.2022 in Special Sessions Case No.05/2014 against the

appellant-applicant Padma Ram S/o Achla Ram shall remain

suspended till final disposal of the aforesaid appeal and he shall be

released on bail, provided he executes a personal bond in the sum

of Rs.50,000/- with two sureties of Rs.25,000/- each to the

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

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

(FARJAND ALI),J 7-Anshul/-

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