Allowed

Prahlad v. State of Rajasthan through Pp

Rajasthan HC26 Oct 2016SOSR/353/2016

Case brief

AI extract

What is this about?

This court allowed a suspension of sentence application filed by a petitioner under Section 397 CrPC alongside a revision petition. The execution of the sentence is suspended pending the revision, conditioned on furnishing a bond and appearing as called.

What did the court decide?

Suspension of execution of sentence awarded by the trial and appellate courts pending the hearing of the revision petition.

Prahlad Vs State of Rajasthan through Pp — Criminal Trial and Appeal | Rajasthan HC (2016)

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SB Criminal Misc. Suspension of Sentence Application No. 353/2016

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SB Criminal Revision Petition No.1239/2016

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Prahlad S/o Shri Mohan Lal

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Versus

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The State of Rajasthan

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Date of Order :: 26^th October, 2016

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. B.R. Choudhary, counsel for the petitioner Dr. RS Shekhawat, PP for the State

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This application for suspension for sentence has been filed by the petitioner(s) under Section 397 CrPC along-with the revision petition.

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Learned counsel for the petitioner(s) has contended that the accused petitioner(s) is/are behind the bars. He has further contended that accused petitioner(s) was/were on bail during trial as well as during the pendency of appeal. He has annexed the Certificate under Rule 311 (3) of High Court Rules to this effect and has prayed that in this view of the matter, this suspension of sentence application should be allowed and execution of sentence awarded to the petitioner(s) should be suspended during the pendency of the revision petition.

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Learned Public Prosecutor has opposed same. Having heard the learned counsel appearing for the respective parties and carefully perused the entire material available on record, this suspension of sentence application is allowed and it is ordered that execution of sentence awarded to accused petitioner(s) Prahlad Son of Mohan Lal, by the trial court vide judgment dated 15.12.2010 passed in Cr. Case No. 466/2005 and affirmed by the appellate court vide judgment dated 1.8.2016 passed in Criminal Appeal No. 63/2012, shall remain suspended during the pendency of the revision petition, provided he/she/they furnish(es) a personal bond of Rs. 2,00,000/- (Rs. Two Lakh) together with two sureties of Rs. 1,00,000/- (Rs. One Lakh) each, to the satisfaction of the learned trial court with the stipulation that he/she/they shall appear before this Court on 28^th November, 2016 and thereafter as and when called upon to do so.

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(Mahesh Chandra Sharma) J.

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Prahlad v. State of Rajasthan through Pp

Case brief

What is this about?

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Prahlad v. State of Rajasthan through Pp

Case brief

What is this about?

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