Birduram Jat S/O Nanagram Jat vs State Of Rajasthan
2022 Latest Caselaw 7314 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

  S.B. Criminal Misc. Bail (Suspension of Sentence) Application
                               No.565/2022

                                       In

          S.B. Criminal Revision Petition No. 1890/2022

Birduram Jat S/o Nanagram Jat, (Seller And Owner) Messers
Birduram Jat Mava Wale, Village Ghatwada Panchayat Bilochi
Tehsil Amer, Jaipur R/o Village Ghatwada, Panchayat Bilochi,
Tehsil Amer, Jaipur (Raj) (At Present Confined In Central Jail
Jaipur)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                                                ----Respondent

For Petitioner(s) : Mr. I.R. Saini, Advocate For Respondent(s) : Mr. M.K. Sheoran, Public Prosecutor

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

17/11/2022 Instant application for suspension of sentence has been

preferred on behalf of the petitioner/applicant under Section 389

of Cr.P.C. to suspend the sentence awarded by the Court of

Additional Chief Judicial Magistrate No.2, Jaipur vide its judgment

dated 16.01.2018 in Criminal Case No.175/2017 (123/2011) and

confirmed by the Court of Additional District & Sessions Judge,

No.3, Jaipur District Jaipur vide its judgment dated 02.11.2022 in

Criminal Appeal No.3/2018 (19/2018).

Learned counsel appearing for the petitioner/applicant

submits that the applicant was on bail during trial and at present

(2 of 2) [SOSR-565/2022 in CRLR-1890/2022]

confined in Central Jail, Jaipur since 02.11.2022. Learned counsel

further submits that the petitioner/applicant has no criminal

antecedents and conclusion of revision petition will take time.

Hence the sentence awarded to the petitioner/applicant be

suspended during pendency of the revision petition.

On the other hand, learned Public Prosecutor appearing

for the State, has opposed the application for suspension of

sentence.

Heard learned counsel appearing for the

petitioner/applicant as well as learned Public Prosecutor and

perused the entire record as well as gone through the material

thoroughly.

Considering the submissions made by learned counsel

appearing for the petitioner/applicant and taking into

consideration overall facts and circumstances of the case, this

application for suspension of sentence is allowed and it is ordered

that execution of the sentence awarded to the

petitioner/applicant, namely Birduram Jat S/o Nanagram Jat

by the trial Court shall remain suspended during the pendency of

this revision petition, provided he furnishes a personal bond in the

sum of Rs.1,00,000/- (Rs.One Lakh Only) together with two

sureties in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each

to the satisfaction of the trial Court with the stipulation that he

shall appear before this Court 16.12.2022 and thereafter, as and

when called upon to do so.

(CHANDRA KUMAR SONGARA),J

Ashish Kumar /136

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