Kamal Singh vs State Of Rajasthan
2022 Latest Caselaw 12592 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Stay Petition No. 4124/2022

In

S.B. Criminal Writ Petition No. 283/2022

Kamal Singh S/o Shri Narpat Singh, Aged About 57 Years, R/o Village Gadi, Police Station Gadi, District Banswara (Rajasthan)

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

----Respondent

For Petitioner(s) : Mr. Vikram Singh For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

20/10/2022 Admit.

Record has been received.

The petitioner has been convicted for the offences under

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

rigorous imprisonment for two years vide Judgment dated

22.06.2012 passed by Judge Gram Nayayalaya, Gadi in Criminal

Regular Case No. 87/2010 as affirmed vide Judgment dated

09.06.2022 by the Sessions Judge, Banswara in Criminal Appeal

No.42/2012.

Heard learned counsel for the petitioner and learned public

prosecutor on the application for suspension of sentence.

The petitioner has moved this application under Article 226

of the Constitution of India seeking suspension of sentence

(2 of 3) [CRLW-283/2022]

awarded to him. He further submits that the petitioner is behind

the bar since 22.08.2022 and hearing of the writ petition will take

some time, 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 on behalf of

the petitioner and the fact that petitioner is behind the bar for

more than two months, this Court is of the opinion that it is a fit

case for suspending the sentence awarded to the accused-

petitioner.

Accordingly, the application seeking suspension of sentence

is allowed and it is ordered that substantive sentence passed by

Judge Gram Nayayalaya, Gadi in Criminal Regular Case No.

87/2010 on 22.06.2012 as affirmed vide Judgment dated

09.06.2022 by the Sessions Judge, Banswara in Criminal Appeal

No.42/2012 against the accused-petitioner- Kamal Singh S/o

Shri Narpat Singh 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 28.11.2022 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

be maintained by the concerned Police Station of the area where

(3 of 3) [CRLW-283/2022]

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

521-payal/-

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