Sukhveer Singh S/O Prakash ... vs State Of Rajasthan
2023 Latest Caselaw 974 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR
      S.B. Criminal Misc. Application for Suspension of Sentence
                               No.555/2022

                                       In

             S.B. Criminal Revision Petition No. 1842/2022

Sukhveer Singh S/o Prakash Chandra Singh aged 40 years, R/o
House No.3/187 Rajasthan Housing Board Tonk, District Tonk
Rajasthan
At present confined in Tonk Jail
                                                                  ----Petitioner
                                   Versus
   1. State Of Rajasthan through PP
   2. Kamlesh S/o Bajrang Lal aged 37 years R/o V.P.O. Paladi,
      DardaHind, PS Mehandwas, District Tonk (Raj.)
                                                                ----Respondent

For Petitioner(s) : MR. Narendra Kumar Gautam For Respondent(s) : Mr. Suresh Kumar, PP

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order 30/01/2023

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.

(2 of 2) [SOSR-555/2022]

I have considered the submissions made by learned counsel

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

offence under Section 138 of N.I. Act in regular criminal case

No.158/2015 (CIS No.487/2017) by the Court of Additional Chief

Judicial Magistrate, Tonk. The petitioner preferred regular appeal

which was dismissed by District and Session Judge, Tonk as

Criminal Appeal No.91/2022 vide judgment dated 31.08.2022 by

which the learned Appellate Court has upheld the judgment and

sentence passed by the learned trial Court. Learned counsel for

the accused-applicant submits that accused-applicant was on bail

during trial as well as during pendency of appeal and presently he

is behind the 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, Sukhveer Singh S/o

Prakash Chandra Singh in the matter shall remain suspended

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

provided he 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 28th February, 2023 and

thereafter as and when called upon to do so.

(ASHUTOSH KUMAR),J

AARZOO ARORA /51

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