Jainarayan S/O Shri Buddha vs State Of Rajasthan ...
2023 Latest Caselaw 1339 Raj/2

[2023/RJJP/001102]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

       S.B. Criminal Misc. Suspension of Sentence Application
                                 No.37/2023

                                        In

             S.B. Criminal Revision Petition No.165/2023

Jainarayan S/o Shri Buddha, Aged About 65 Years, R/o Dhani
Modhak Tan Rajpura, Police Station Kotwali Dausa District Dausa
(Rajasthan) (Accused Presently Confined In Special Central Jail
Shalawas, District Dausa)
                                                         ----Accused-Petitioner
                                    Versus
State Of Rajasthan, Through Public Prosecutor
                                                                 ----Respondent

For Petitioner(s) : Mr. Mohit Balwada with Ms. Bhavana Choudhary and Ms. Anjum Parveen Salawat For Respondent(s) : Mr. B.S. Sharma, PP

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

01/02/2023 Heard learned counsels for the parties on the application

filed for suspension of sentence and perused the entire material

available on record.

Learned counsel for the accused-applicant submits that there

is no reliable and legally acceptable evidence to hold accused-

applicant guilty for the alleged offence(s) and there is every

likelihood of succeeding in the criminal revision petition. Learned

counsel further submits that final hearing of the petition is likely to

take time thus sentence of the accused-applicant may be

suspended.

[2023/RJJP/001102] (2 of 3) [CRLR-165/2023]

Learned Public Prosecutor has vehemently opposed the

prayer regarding suspension of sentence.

I have considered the submissions made by learned counsels

for the parties. The petitioner was convicted and sentenced for the

offence of Sections 279 and 304-A IPC in Regular Case

No.399/2013 (40/2007) by the Court of Additional Chief Judicial

Magistrate, Sikrai, District Dausa. The petitioner preferred regular

appeal which was disposed of by Additional Sessions Judge, Sikrai,

District Dausa as Criminal Appeal No.108/2021 (42/2020) (CIS

No.118/2021) vide judgment dated 18.01.2023 by which the

learned Appellate Court has upheld the judgment and sentence

passed by the learned trial Court. Learned counsel for accused-

applicant submits that accused-applicant was on bail during trial

as well as during pendency of appeal and presently he is behind

bars.

Without commenting upon the merits of the case, this Court

deems it just and proper to suspend the sentence awarded to the

applicant.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the sentence awarded by the

learned trial Court and affirmed by the learned appellate Court

against the accused-applicant namely, Jainarayan S/o Shri

Buddha in the matter shall remain suspended during pendency of

petition and he shall be released on bail, provided he furnishes a

personal bond in the sum of Rs.50,000/- along with one surety in

the sum of Rs.50,000/- each to the satisfaction of the learned trial

[2023/RJJP/001102] (3 of 3) [CRLR-165/2023]

Court with the stipulation that he shall appear before this Court on

1st March, 2023 and thereafter as and when called upon to do so.

(ASHUTOSH KUMAR),J

MADAN/27

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