Arun Kumar vs State Of Rajasthan
2022 Latest Caselaw 14049 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Appl. For Suspension of Sentence No. 1163/2022

in

S.B. Criminal Appeal No. 1953/2022

1. Arun Kumar S/o Shri Sahabram, Aged About 43 Years, R/ o Ward No. 07, Rawla Mandi, District Sri Ganganagar.

2. Punu Khan S/o Shri Lakhu Khan, Aged About 28 Years, R/ o Ward No. 08, Rawla Mandi, District Sri Ganganagar.

3. Mangu Singh S/o Shri Gurdev Singh, Aged About 34 Years, R/o Ward No. 07, Rawla Mandi, District Sri Ganganagar.

4. Maniram S/o Shri Udaram, Aged About 61 Years, R/o Ward No. 07, Rawla Mandi, District Sri Ganganagar.

5. Kala Singh @ Jaspal Singh S/o Shri Balveer Singh, Aged About 32 Years, R/o Ward No. 04, Rawla Mandi, District Sri Ganganagar.

----Appellants Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. Jayram Saran For Respondent(s) : Mr. Anees Bhurat, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

29/11/2022

Admit.

Issue notice. Call for the record.

Heard learned counsel for the applicant-appellants and

learned public prosecutor for the State on application for

suspension of sentence. Perused the material available on record.

(2 of 3) [SOS-1163/22 in CRLAS-1953/2022]

It is contended by the counsel for the applicant-appellants

that appellants have been awarded sentence for three years'

rigorous imprisonment and disposal of the appeal will consume

time.

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-appellants are awarded

maximum sentence of three years and 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-applicants.

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 Addl. Sessions Judge, Gharsana

District Sriganganagar vide judgment dated 10.11.2022 in

Sessions Case No.16/2018 against the appellant-applicants Arun

Kumar S/o Sahabram, Punu Khan S/o Lakhu Khan, Mangu

Singh S/o Gurdev Singh, Maniram S/o Udaram and Kala

Singh @ Jaspal Singh S/o Balveer Singh 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.50,000/- with two sureties of Rs.25,000/- each to the

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

(3 of 3) [SOS-1163/22 in CRLAS-1953/2022]

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

(FARJAND ALI),J 142-Arti/-

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