Mukesh Son Of Ramsingh vs State Of Rajasthan ...
2023 Latest Caselaw 766 Raj/2

[2023/RJJP/000408]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     S.B. Criminal Misc. Bail (Suspension of Sentence) Application
                                   No.7/2023

                                         In

              S.B. Criminal Revision Petition No.18/2023

1.       Mukesh Son Of Ramsingh,
2.       Malkhan Son Of Ramsingh,
         Both are Resident Of Jassapada Tan Aabhaneri, Tehsil
         Baswa, District Dausa (Raj) (Presently Confined At Sub
         Jail Bandikui)
                                                                         ----Petitioners
                                     Versus
State Of Rajasthan, Through P.P.
                                                                        ----Respondent

For Petitioner(s)           :    Mr. Arvind Sharma
For Respondent(s)           :    Mr. Riyasat Ali, PP


            HON'BLE MR. JUSTICE ASHUTOSH KUMAR
                           Order
24/01/2023

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-applicants guilty for the alleged offence(s) and there is

every likelihood of succeeding in the criminal revision petition.

Learned counsel further submits that the sentence of the co-

accused namely, Jagdish and Tarachand has already been

suspended by a co-ordinate Bench of this Court in S.B. Criminal

Misc. Suspension of Sentence Application No.6/2023 in S.B.

[2023/RJJP/000408] (2 of 3) [CRLR-18/2023]

Criminal Revision Petition No.16/2023 vide order dated

13.01.2023. 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 offences of Sections 457, 380 and 120-B of IPC. The

petitioners preferred regular appeal which was disposed of by

Additional Sessions Judge No.1, Bandikui, District Dausa as

Criminal Appeal No.45/2018 (CIS No.44/2018) vide judgment

dated 22.12.2022 by which the learned Appellate Court has

upheld the judgment and sentence passed by the learned trial

Court. Learned counsel for accused-applicants submits that

accused-applicants were on bail during trial as well as during

pendency of appeal and presently they are behind 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, Mukesh Son Of

Ramsingh and Malkhan Son Of Ramsingh in the matter shall

remain suspended during pendency of petition and they shall be

released on bail, provided each of them furnishes a personal bond

[2023/RJJP/000408] (3 of 3) [CRLR-18/2023]

in the sum of Rs.50,000/- along with two sureties in the sum of

Rs.25,000/- each to the satisfaction of the learned trial Court with

the stipulation that they shall appear before this court on 20th

February, 2023 and thereafter as and when called upon to do so.

(ASHUTOSH KUMAR),J

MADAN/43

Powered by TCPDF (www.tcpdf.org)