Single judge order allowing criminal miscellaneous application seeking suspension of sentence and bail against co-ordinate court order in appeal.
Sentences suspended; applicant admitted to bail subject to satisfaction of Trial Court during pendency of appeal.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. 2nd (SOS) Application No.128/2018
In
S.B. Criminal Appeal No.840/2015
Mukesh Son of Ramratan, B/c Dhobi, Resident of Kota Khurd, Police Station, Dahikheda, District Jhalawar (Rajasthan). (Presently confined in Jail at Jhalawar)
----Applicant
Versus
State of Rajasthan through P.P.
----Respondent
__________________________________________ For Applicant : Mr. Rajneesh Gupta Adv. For Respondent : Mr. Rishi Raj Singh Rathore, P.P.
HON'BLE MRS. JUSTICE SABINA Order
07/02/2018
Learned counsel for the applicant has submitted that applicant has undergone about half of the actual sentence. Sentence qua imprisonment of co-convict Sonu has been suspended by Co-ordinate Bench of this Court.
Learned State counsel on the other hand has opposed the application.
Since, applicant has undergone about half of the actual sentence and the sentence qua imprisonment of co-convict sonu has already been suspended by Co-ordinate Bench of this Court, this application is allowed. Sentence of the applicant shall remain suspended during the pendency of the appeal. Applicant be admitted to bail subject to satisfaction of the Trial Court.
S.Kumawat/D-127
2 issues framed by the court
Whether the applicant is entitled to be admitted to bail with his sentence suspended during the pendency of the co-ordinate appeal?
Whether the applicant, having undergone half of the actual sentence, is eligible for suspension of execution of sentence?
Mukesh Son of Ramratan
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
