Trilok Singh vs State Of Rajasthan
2022 Latest Caselaw 14044 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Revision Petition No. 1291/2022

Trilok Singh S/o Bhanwar Singh Rawat, Aged About 51 Years, Vill. Kot Kirana, P.s. Sendra, Dist. Pali. (At Present Lodged In Dist. Jail, Rajsamand).

----Petitioner Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Rajendra Singh

For Respondent(s) : Mr. Mahipal Bishnoi, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

29/11/2022

This criminal revision petition is reported to be time barred

by 32 days.

Heard learned counsel for the petitioner and the learned

Public Prosecutor on the application filed under Section 5 of the

Limitation Act.

The petitioner has been convicted and sentenced to suffer

one year's simple imprisonment for the offence under Section

304-A IPC with fine and three months' SI under Section 279 IPC

with fine and under Section 134/187 of MV Act a fine of Rs. 500/-

has been imposed vide judgment dated 17.12.15 passed by ACJM,

Bhim District Rajsamand which has been affirmed by learned

(2 of 3) [CRLR-1291/2022]

Additional Sessions Judge, Rajsamand upon an appeal vide

judgment dated 18.6.2022.

The reasons as assigned in the application seeking

condonation of law seem to be reasonable. Otherwise also, a

lenient approach has to be adopted for condonation of delay in the

revision against judgment of conviction.

Accordingly, the application under Section 5 of the Limitation

Act is allowed. The delay is condoned.

Heard learned counsel for the petitioner and the learned

public prosecutor on application seeking suspension of sentence.

Perused the judgments impugned and the record.

Learned counsel for the accused-petitioner submits that the

petitioner is in custody and he was on bail during trial and

pendency of appeal and never misused the liberty granted to him.

Learned Public Prosecutor vehemently opposed the prayer

regarding suspension of sentence.

Without commenting upon the merits of the case, having

considered the totality of facts and circumstances of the case,

looking to the short sentence, I deem it just and proper to

suspend the sentence awarded to the accused-petitioner.

Accordingly, the bail application for suspension of sentence is

allowed and it is ordered that the sentence passed by learned trial

court and affirmed by the learned Additional Sessions Judge,

Rajsamand vide judgment dated 18.6.2022 passed in criminal

appeal no. 2/2016 against the accused-petitioner Trilok Singh S/o

Bhanwar Singh shall remain suspended till final disposal of present

petition provided he executes a personal bond in the sum of

Rs.1.0 lac along with two sureties of Rs. 50,000/- each to the

(3 of 3) [CRLR-1291/2022]

satisfaction of the trial court for his appearance in this court on

4.1.2023 and as and when called upon to do so.

(FARJAND ALI),J 98-RP/-

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