Sabu @ Sahab Lal S/O Ram Niwas Meena vs State Of Rajasthan Through Pp ...
2023 Latest Caselaw 2326 Raj/2

[2023/RJJP/003323]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Second Suspension of Sentence Application
                                   No.331/2023

                                           in

                     S.B. Criminal Appeal No. 104/2019

Sabu @ Sahab Lal S/o Ram Niwas Meena, R/o Gohata Ps Lakheri
Dist. Bundi Raj. (Accused Appellant Is In Central Jail Kota)
                                                                      ----Appellant
                                       Versus
State Of Rajasthan Through PP, Raj.
                                                                    ----Respondent

For Appellant(s) : Mr. Sonu Meena, S/o appellant For Respondent(s) : Mr. Rajendra Yadav, GA cum AAG

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

24/02/2023

1. Accused-appellant has preferred this second suspension

of sentence application.

2. Mr. Sonu Meena S/o appellant is present before the

Court. He has contended that his father is innocent and he was

earlier acquitted by the trial Court vide judgment and order dated

25.08.2003. However, on directions of the High Court, the matter

was remanded back to the trial Court and trial Court was directed

to re-examine the matter. Trial court thereafter convicted the

appellant and has sentenced him for ten years. It is also

contended that appellant has remained in custody for a period of

more than five years. There are no extenuating circumstances

against the appellant.

[2023/RJJP/003323] (2 of 2) [CRLAS-104/2019]

3. Learned GA cum AAG has opposed the second

suspension of sentence application.

4. I have considered the contentions and have perused

the record.

5. Taking note of the fact that appellant was earlier

acquitted by the trial court, he has remained in custody for more

than five years, the matter pertains to the year 2003, a period of

twenty years has lapsed since lodging of FIR, disposal of appeal is

bound to take time, hence, I deem it proper to allow the second

suspension of sentence application.

6. Accordingly, second application for suspension of

sentence is allowed. It is ordered that the sentence awarded to

accused-appellant in Sessions Case No.303/2018 (CIS

No.303/2018) shall remain suspended if the appellant furnishes a

personal bond of Rs.1,00,000/-(one lac only) and two sureties of

Rs.50,000/- (fifty thousand only) each to the satisfaction of the

learned trial Court to the effect that he shall appear before this

Court as and when called upon to do so.

(PANKAJ BHANDARI),J

CHANDAN /26

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