Court allowed suspension of sentence during pendency of revision petition. Petitioner must furnish personal bond and two sureties, and deposit half of cheque amount before executing bail bonds.
Execution of sentence suspended pending revision petition subject to bond, sureties and cheque deposit conditions.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
O R D E R
S.B.CR.SUSPENSION OF SENTENCE APPL. NO.335/2016
in
S.B.CRIMINAL REVISION PET. NO.1207/2016
Dashrath Singh Vs. State and ors.
DATE OF ORDER ::::: 24/10/2016 HON'BLE MR.JUSTICE MAHESH CHANDRA SHARMA
Mr.Amit Singh Shekhawat, for the petitioner/s. Mr.R.S.Shekhawat, Public Prosecutor for State.
This suspension of sentence application has been filed by the petitioner alongwith the revision petition.
Learned counsel for the petitioners has annexed the certificate under Rule 311 of High Court Rules to the effect that he was on bail during the course of trial as well as during the appeal and presently he is in judicial lockup. Hence, the execution of sentence awarded to the petitioner should be suspended during the pendency of the revision petition.
Learned Public Prosecutor has opposed the same.
Having heard the learned counsel for the parties and carefully scanned the entire material available on record, this suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the petitioner Dashrath Singh S/o Shri Sardar Singh by the trial court, shall remain suspended during the pendency of the revision petition, provided he/they furnishes a personal bond of Rs.1,00,000/- (rupees one lac) together with two sureties of Rs.50,000/- (rupees fifty thousand only) each, to the satisfaction of the learned trial court with the stipulation that he shall appear before this Court on 24.11.2016 and thereafter as and when called upon to do so. However, it is made clear that the petitioner shall also deposit half of the cheque amount before the court below before executing the bail bonds, and if he has already deposited the
same, the amount so deposited shall be released to the claimants immediately.
(MAHESH CHANDRA SHARMA)J.
Sandeep/-91
2 issues framed by the court
Whether execution of sentence should be suspended during pendency of revision pending certificate under Rule 311.
Whether petitioner is entitled to deposit half of cheque amount before executing bail bonds.
1 provisions across 1 enactments
Dashrath Singh
State
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
