Raju @ Rajendra Singh S/O Guman ... vs State Of Rajasthan
2023 Latest Caselaw 2001 Raj/2

[2023/RJJP/002447]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

    S.B. Criminal Misc. II Suspension of Sentence
                  Application No.668/2022

                                    IN

           S.B. Criminal Appeal No. 322/2022

Raju @ Rajendra Singh S/o Guman Singh, Aged
About 27 Years, Resident Of Dhaturiya Kala Police
Station Pirawa District Jhalawar (Raj.) (Presently
Confined At Central Jail Kota)
                                                        ----Appellant
                               Versus
State of Rajasthan, Through P.P.
                                                    ----Respondent

For Appellant(s) : Mr. Rajveer Singh Jhala, Adv.

For                     : Mr. M.K. Sheoran, P.P.
Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Judgment / Order

10/02/2023

The first suspension of sentence application of

the accused-applicant was dismissed as withdrawn

vide order dated 06.05.2022 passed by this Court.

Heard learned counsel for the parties on the

second 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

[2023/RJJP/002447] (2 of 3) [2nd SOSA-668/2022 in CRLAS-322/2022]

acceptable evidence to hold the accused-applicant

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

likelihood of succeeding in the criminal appeal.

Learned counsel further submits that accused-

applicant was on bail during trial and presently he is

behind bars. He further submits that final hearing of

the appeal is likely to take time thus sentence of the

accused-applicant 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 the 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 applicant.

Accordingly, the second application for

suspension of sentence is allowed and it is ordered

that the sentence awarded by the learned trial Court

against the accused-applicant namely, Raju @

Rajendra Singh S/o Guman Singh in Sessions

Case No.31/2018 shall remain suspended during

pendency of the appeal and he shall be released on

bail, provided he furnishes a personal bond in the

[2023/RJJP/002447] (3 of 3) [2nd SOSA-668/2022 in CRLAS-322/2022]

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 he shall

appear before this court on 13th March, 2023 and

thereafter as and when called upon to do so.

(UMA SHANKER VYAS),J

DANISH USMANI /130

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