Shrawan Ram vs State Of Rajasthan
2023 Latest Caselaw 236 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 24/2023

Shrawan Ram S/o Machha Ram, Aged About 35 Years, B/c Jat, R/o Village Kukarda Police Station Bhopalgarh, District Jodhpur. (At Present Lodged In Central Jail, Jodhpur)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. R.S. Choudhary For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

06/01/2023

Heard.

Admit. Issue notice.

Learned Additional Government Advocate Mr. Abhishek

Purohit accepts notice on behalf of the State. Hence, notice need

not be issued.

Call for the record.

Heard learned counsel for the parties on application for

suspension of sentence No.6/2023 and perused the judgments

impugned.

Learned counsel for the accused-petitioner submits that the

petitioner has been convicted for the offence under Section 279,

304-A IPC and sentenced to undergo S.I. for maximum one year

with fine and he is in custody. The petitioner was on bail during

trial and pendency of appeal and never misused the liberty

granted to him.

                                                                                    (2 of 2)                  [CRLR-24/2023]



                                         Learned     Additional          Government            Advocate      vehemently

opposed the prayer regarding suspension of sentence.

Upon a consideration of the arguments advanced on behalf

of the petitioner and having regard to the facts and circumstances

of the case and the fact that short term sentence has been

awarded by the trial Court, thus, this court is of the opinion that it

is a fit case for suspending the substantive sentence awarded to

the accused petitioner.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the substantive sentences passed by

learned Additional Chief Metropolitan Magistrate (Economic

Offence) Jodhpur Metropolitan in Criminal Case No.108/2015 vide

judgment dated 16.05.2018 as affirmed by the learned Additional

Sessions Judge No.4, Jodhpur Metropolitan in Criminal Appeal

No.380/2018 vide judgment dated 02.01.2023 against the

petitioner-applicant Shrawan Ram S/o Shri Machha Ram shall

remain suspended till final disposal of the aforesaid revision

provided he executes a personal bond in the sum of Rs.50,000/-

with two sureties of Rs.25,000/- each to the satisfaction of the

trial court for his appearance in this Court on 06.02.2023 and as

and when called upon to do so.

(VINOD KUMAR BHARWANI),J 109-Ashutosh/-

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