Narain vs State Of Rajasthan
2023 Latest Caselaw 97 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Bail (Suspension of Sentence) Application No.1/2023

In

S.B. Criminal Revision Petition No. 5/2023

Narain S/o Surja Ram, Aged About 28 Years, Ramdawas Kallan, Ps Pipad City, Dist. Jodhpur, Rajasthan. (Presently Lodged In Central Jail, Jodhpur).

                                                                         ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                       ----Respondent


For Petitioner(s)          :     Mr. B.R. Bishnoi
For Respondent(s)          :     Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

04/01/2023

Heard learned counsel for the applicant-petitioner and

learned Public Prosecutor for the State on application for

suspension of sentences. Perused the material available on record.

It is contended by the counsel for the petitioner-

applicant that petitioner-Narain S/o Surja Ram has been convicted

for the offences under Sections 454 and 380 IPC and sentenced to

undergo one year's simple imprisonment. Learned counsel further

submits that the petitioner-applicant has falsely been implicated

the in this case by the complainant, he is in custody since arrest

and no recovery is yet to be effected from him. He further submits

that petitioner-applicant is a young boy and keeping him behind

the bar will adversely affect his career and disposal of the revision

(2 of 2) [SOSR-1/2023]

petition will consume time thus, sentence awarded to him may be

suspended during pendency of the revision petition.

Learned Public Prosecutor has opposed the application

for suspension of sentence.

I have heard and considered the arguments advanced

by the counsel for the parties and have gone through the material

available on record.

Having considered the facts and circumstances and

particularly the fact that sentences imposed upon the petitioner-

applicant is of one year's simple imprisonment, and he is in

custody since arrest, disposal of revision will consume time,

therefore, this Court deems it fit and proper to allow the

application for suspension of sentence filed by the petitioner-

applicant.

Accordingly, the application for suspension of sentence

filed under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the learned Sessions Judge, Jodhpur, vide

judgment dated 16.12.2022 in Criminal Appeal No.55/2018

against the petitioner-applicant Narain S/o Surja Ram shall remain

suspended till final disposal of the aforesaid revision petition and

he shall be released on bail, 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 learned trial Judgefor his appearance in this

court on 06.02.2023 and whenever ordered to do so.

(VINOD KUMAR BHARWANI),J 27-Mamta/-

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