Dhanpal Son Of Gangaram vs State Of Rajasthan
2023 Latest Caselaw 1036 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

    S.B. Criminal Misc. Application for Suspension of Sentence
                                No.32/2023

                                       In
           S.B. Criminal Revision Petition No. 155/2023

   1. Dhanpal Son Of Gangaram

   2. Hemraj Son Of Gangaram

   3. Pyare Lal Son Of Gangaram

   4. Premraj Son Of Gangaram

   5. Madan Lal Son Of Gangaram

All R/o Mui, Police Station Rawanjana Dungar, District Sawai
Madhopur (Raj.)

At present in District Jail Sawai Madhopur
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan through PP
                                                                ----Respondent

For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. Mahendra Meena, PP

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

31/01/2023

Heard learned counsel for the parties on the application filed

for suspension of sentence and perused the entire material

available on record.

Learned counsel for the accused-applicants 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.

(2 of 3) [SOSR-32/2023]

Learned counsel further submits that final hearing of the petition

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. The petitioners were convicted and sentenced for

the offence under Sections 148, 341, 323/149, 447, 427,

379/149, 325/149 of IPC in regular criminal case No.114/2009

(CIS NO.700114/2009) by the Court of Additional Judicial

Magistrate, Sawai Madhopur. The petitioners preferred regular

appeal which was dismissed by Additional Session Judge, Sawai

Madhopur as Criminal Appeal No.12/2021 vide judgment dated

20.01.2023 by which the learned Appellate Court has upheld the

judgment and sentence passed by the learned trial Court. Learned

counsel for the accused-applicants submits that accused-

applicants were on bail during trial as well as during pendency of

appeal and presently they are behind the bars.

Without commenting upon the merits of the case, I deem it

just and proper to suspend the sentence awarded to the

applicants.

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-applicants namely, 1. Dhanpal S/o

Gangaram, 2. Hemraj S/o Gangaram, 3. Pyare Lal S/o

Gangaram, 4. Premraj S/o Gangaram and 5. Madan Lal S/o

Gangaram in the matter shall remain suspended during pendency

(3 of 3) [SOSR-32/2023]

of petition and they shall be released on bail, provided each of

them 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 Court with the stipulation that they shall

appear before this court on 28th February, 2023 and thereafter

as and when called upon to do so.

(ASHUTOSH KUMAR),J

AARZOO ARORA /37

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