Rakesh @ Lukka Son Of Pukhraj Meena vs State Of Rajasthan ...
2023 Latest Caselaw 768 Raj/2

[2023/RJJP/000403]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

   S.B. Criminal Misc. Bail (Suspension of Sentence) Application
                                  No.2/2023

                                        In
               S.B. Criminal Revision Petition No.7/2023

Rakesh @ Lukka Son Of Pukhraj Meena, Aged About 37 Years,
R/o Peeloda, Police Station Bazeerpur, District Sawaimadhopur
Rajasthan (Presently Confined In District Jail Karauli Rajasthan)
                                                         ----Accused-Petitioner
                                    Versus
State Of Rajasthan, Through Public Prosecutor
                                                                 ----Respondent

For Petitioner(s) : Mr. Asad Ul Haq Nooree For Respondent(s) : Mr. Chandragupt Chopra, 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/000403] (2 of 2) [CRLR-7/2023]

I have considered the submissions made by learned counsel

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

offences of Section 379 of IPC and Sections 3/25 of Arms Act. The

petitioner preferred regular appeal which was disposed of by

Additional Sessions Judge No.1, Hindaun City, District Karauli as

Criminal Appeal No.67/2022 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-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, Rakesh @ Lukka Son Of

Pukhraj Meena 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.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 he

shall appear before this court on 20th February, 2023 and

thereafter as and when called upon to do so.

(ASHUTOSH KUMAR),J

MADAN/41

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