Rajasthan High Court - Jodhpur
Ishwar Singh vs State Of Rajasthan on 21 October, 2022
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 305/2022
Ishwar Singh S/o Mokam Singh, Aged About 51 Years, R/o
Chudiyawas, Police Station Ashpur, Dist. Dungarpur (Raj.)
(At Present Lodged In Central Jail Udaipur)
----Petitioner
Versus
State of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. Avinash Bhati
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
21/10/2022
Heard learned counsel for the petitioner.
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
simple imprisonment for two years vide Judgment dated
06.05.2019 passed by learned Niyayadhikari, Gram Nayayalaya,
Girva, Udaipur in Criminal Original Case No.06/2011 as affirmed
vide Judgment dated 29.07.2022 by the learned Additional
Sessions Judge, No.5, Udaipur in Criminal Appeal No.18/2019 (CIS
No.167/2019).
Heard learned counsel for the petitioner and learned public
prosecutor on the application for suspension of sentence.
(2 of 3) [CRLW-305/2022]
The petitioner has moved this application under Article 226
of the Constitution of India seeking suspension of sentence. He
further submits that the petitioner is facing incarceration since
29.07.2022 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
learned Niyayadhikari, Gram Nayayalaya, Girva, Udaipur in
Criminal Original Case No.06/2011 on 06.05.2019 as affirmed vide
Judgment dated 29.07.2022 by the learned Additional Sessions
Judge, No.5, Udaipur in Criminal Appeal No.18/2019 (CIS
No.167/2019) against the accused-petitioner- Ishwar Singh S/o
Mokam 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.
(3 of 3) [CRLW-305/2022]
Record of this condition and the antecedents of the petitioner will
be maintained by the concerned Police Station of the area where
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
408-Shahenshah/-
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