Rajasthan High Court
Bahadur Singh S/O Purilal vs State Of Rajasthan on 21 October, 2022
Bench: Shubha Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Bail Application for Suspension of Sentence
No.1408/2022
IN
S.B. Criminal Appeal No. 2155/2022
1. Bahadur Singh S/o Purilal, Resident Of Saknaye Bawdikhera,
Police Station Bhalta, District Jhalawar Rajasthan.
2. Bhagwan Singh S/o Bahadur Singh, Resident Of Saknaye
Bawdikhera, Police Station Bhalta, District Jhalawar Rajasthan.
3. Badrilal S/o Sujan Singh, Resident Of Saknaye Bawdikhera,
Police Station Bhalta, District Jhalawar Rajasthan.
----Appellants
Versus
State of Rajasthan through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Shiwatma Kumar Tank
For Respondent(s) : Mr. Ganesh Saini, PP
HON'BLE MRS. JUSTICE SHUBHA MEHTA
Order
21/10/2022
Heard on application for suspension of sentence.
The appellants have filed the appeal along with application for
suspension of sentence.
The appeal has been preferred against the judgment of conviction
and sentence dated 29.09.2022 passed by the Court of learned
Additional Session Judge, Aklera (Rajasthan) in Session Case
No.19/2020, by which the appellants have been convicted for the
offence under Section 326/34 of IPC and maximum sentence of three
years and fine of Rs.5,000/- have been awarded to them.
(2 of 2) [SOSA-1408/2022]
Learned counsel for the accused-applicants submits that there is
no reliable and legally acceptable evidence to hold the accused-
applicants guilty for the alleged offence(s) and there is every likelihood
of succeeding in the criminal appeal. Learned counsel further submits
that accused-applicants were on bail during trial and their sentence
have already been suspended by the learned trial Court. He further
submits that final hearing of the appeal is likely to take time thus
sentence of the accused-applicants may be suspended.
Learned Public Prosecutor has vehemently opposed the prayer
regarding suspension of sentence.
I have considered the submissions made by learned counsel for
the parties.
Without commenting upon merits/demerits of the case and
considering the arguments advanced by the parties, this Court deems it
just and proper to suspend the sentence awarded to the applicants.
Accordingly, the application for suspension of sentence is allowed.
If the accused-applicants deposit the entire amount of fine awarded by
the Trial Court then it is ordered that the sentence of imprisonment
awarded by the learned trial Court to the accused-applicants shall
remain suspended during pendency of the appeal and they shall be
released on bail, provided each of them furnishes a personal bond in the
sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/-
each to the satisfaction of the learned trial Court with the stipulation
that they shall appear before this court on 21st November, 2022 and
thereafter as and when called upon to do so.
(SHUBHA MEHTA),J
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