Kesh Ram Prajapat S/O Hari ... vs State Of Rajasthan ...
2023 Latest Caselaw 767 Raj/2

[2023/RJJP/000295]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

   S.B. Criminal Misc. Bail (Suspension of Sentence) Application
                                No.607/2022
                                        In
             S.B. Criminal Revision Petition No.2041/2022

Kesh Ram Prajapat S/o Hari Prajapat, Aged About 27 Years,
Resident Of New Aanaj Madi Ke Piche, Jawahar Nagar Magazine
Police Station Kotwali, District Karauli (Raj) (Presently Confined
In District Jail At Karauli)
                                          ----Accused-Petitioner-Applicant
                                    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-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.

[2023/RJJP/000295] (2 of 2) [CRLR-2041/2022]

I have considered the submissions made by learned counsel

for the parties. The petitioner was convicted and sentenced for the

offences of Sections 457 and 380 of IPC. The petitioner preferred

regular appeal which was disposed of by Additional Sessions

Judge, Karauli as Criminal Appeal No.68/2022 (CIS No.68/2022)

vide judgment dated 10.11.2022 by which the learned Appellate

Court has upheld the judgment and sentence passed by the

learned trial Court. Learned counsel for accused-applicant submits

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

pendency of appeal and presently he is behind 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, Kesh Ram Prajapat S/o

Hari Prajapat in the matter shall remain suspended during

pendency of petition and he shall be released on bail, provided

each of them furnishes a personal bond in the sum of

Rs.1,00,000/- along with two sureties 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 20th

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

(ASHUTOSH KUMAR),J

MADAN/38

Powered by TCPDF (www.tcpdf.org)