High Court suspended the sentence awarded to the petitioner, subject to depositing Rs. 1,00,000/- in the court below and furnishing a personal bond of Rs. 20,000/- with a surety.
Sentence suspended subject to deposit of Rs. 1,00,000/- before the trial court and furnishing a personal bond of Rs. 20,000/- with one surety.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. SOS Application No.156/2020
In
S.B. Criminal Revision Petition No. 539/2020
Shyamsunder Sharma S/o Shri Shivnarayan, R/o 57A, Pragati Nagar, Kotda, Ajmer.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Rahul Agarwal For Respondent(s) : Mr. Laxman Meena, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment / Order
05/06/2020
Heard learned counsel for the parties on the application for suspension of sentence.
Learned counsel for the applicant-petitioner submits the order passed by the trial court as well as Appellate Court are erroneous and therefore, requires interference as the defence put up by the petitioner has not been examined by both the courts below.
Learned Public Prosecutor has opposed the application for suspension of sentence.
Taking into consideration overall facts and circumstances of the case, prima facie, I am satisfied that the sentence awarded by
(2 of 2)
[CRLR-539/2020]
the trial Court deserves to be suspended subject to depositing a sum of Rs.1,00,000/- before the court below.
Accordingly, application for suspension of sentence is allowed subject to condition that the petitioner shall deposit a sum of Rs.1,00,000/- before the learned court below on depositing the same the sentence awarded to accused-petitioner namely, Shyamsunder Sharma S/o Shri Shivnarayan in Criminal Case No.91/2013 by Judicial Magistrate (First Class) No.4, Ajmer and affirmed by the appellate court shall remain suspended during pendency of the petition and he be released on bail, provided he/she furnishes a personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of the learned trial Court with the stipulation that he shall appear before this court on 6.7.2020 and as and when called upon to do so.
(SANJEEV PRAKASH SHARMA),J
Brijesh 35.
2 issues framed by the court
Whether the application for suspension of sentence deserves to be allowed given the prima facie satisfaction of the High Court regarding errors in lower courts.
Whether the petitioner is eligible for suspension of sentence subject to a specific financial deposit and bail conditions.
Shyamsunder Sharma
State Of Rajasthan
Kamlesh Kumar Gurjar
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
