Jeeva vs State Of Rajasthan ...
2023 Latest Caselaw 4786 Raj

[2023/RJJD/015666]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

D.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 1105/2022

Jeeva S/o Nana Rot Meena, aged about 50 years, R/o Dhodhada Fala Makadak PS Dhambola Dist. Dungarpur Raj.

(Presently lodged at Udaipur)

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Ram Kumar Bohra. For Respondent(s) : Mr. Anil Joshi, GA.

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

17/05/2023

1. This second application under Section 389 Cr.P.C. has been

filed seeking suspension of sentence awarded by the Sessions

Judge, Dungarpur vide judgment dated 22.11.2019 in Session

Case No.2/2017 convicting and sentencing him for offence under

Section 302 of IPC.

2. The first application for suspension of sentence was rejected

on 11.11.2020 by a Coordinate Bench of this Court on merits.

3. Learned counsel for the applicant attempted to make

submissions again on merits, however, as the earlier application

already stands rejected on merits, no case is made out on that

aspect on the same material.

[2023/RJJD/015666] (2 of 2) [SOSA-1105/2022]

4. Further submissions were made that as the applicant is in

custody for over six years now, the sentence awarded to him may

be suspended as the appeal is likely to take long in finally being

heard and disposed of.

5. The sentence suffered so far by the applicant cannot be said

to be to the extent, that only on account of period of sentence

suffered by him, he can seek indulgence of bail.

6. Consequently, there is no substance in the second application

seeking suspension of sentence, the same is therefore, dismissed.

(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J 11-DJ/-

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