Rajendra Singh Son Of Kehari Singh vs State Of Rajasthan
2023 Latest Caselaw 1037 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

    S.B. Criminal Misc. Application for Suspension of Sentence
                                No.31/2023
                                       In
           S.B. Criminal Revision Petition No. 154/2023

Rajendra Singh Son Of Kehari Singh aged 34 years, R/o Salpur,
Police Station Balghat, District Karauli (Raj.)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan through PP
                                                                ----Respondent

For Petitioner(s) : Mr. Mahendra Singh Rajput 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-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.

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 petitioner was convicted and sentenced for the

(2 of 2) [SOSR-31/2023]

offence under Sections 279, 304-A of IPC read with Sections

146/196 of Motor Vehicles Act in regular criminal case

No.336/2013 by the Court of Judicial Magistrate, Sikrai, District

Dausa. The petitioner preferred regular appeal which was

dismissed by Additional Sessions Judge Sikrai, District Dausa as

Criminal Appeal No.124/2021 (CIS NO.127/2021) vide judgment

dated 19.01.2023 by which the learned Appellate Court has

upheld the judgment and sentence passed by the learned trial

Court. Learned counsel for the accused-applicant submits that

accused-applicant was on bail during trial as well as during

pendency of appeal and presently he is behind the bars.

Without commenting upon the merits of the case, I deem 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, Rajendra Singh Son Of

Kehari Singh 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 Court with the stipulation that he shall appear

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

when called upon to do so.

(ASHUTOSH KUMAR),J

AARZOO ARORA /36

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