In a suspension of sentence application, the High Court allowed the application and suspended the execution of the stated sentence for a period during the pendency of the petition, conditional on furnishing a bond.
Suspension of sentence during pendency of the petition; furnishing of personal bond with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Cr. Misc. Suspension of Sentence Application No. 264/2021
In
S.B. Criminal Revision Petition No. 1007/2021
Bunty @ Om Prakash Son of Babu Lal, Resident of Village Badarika, Police Station Kolari, District Dholpur (Rajasthan). At present confined in District Jail, Dholpur
----Petitioner
Versus
The State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Sandeep Maheshwari for Mr. Dheeraj Singhal For Respondent(s) : Mr. Ganesh Saini, PP for the State
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
9/11/2021
This suspension of sentence application has been filed by the applicant under Section 397 read with Section 401 CrPC.
Learned counsel for the applicant has contended that the applicant was convicted by the Trial Court vide its judgment dated 19.6.2019 for the offence under Section 19/54 of the Rajasthan Excise Act and sentenced to undergo 3 years’ SI with a fine of Rs. 20,000/-; in default of payment of fine, to further undergo 20 days’ SI. He filed an appeal, but the appellate Court vide its judgment dated 21.9.2021 dismissed the appeal and affirmed the judgment passed by the Trial Court. He further submits that out of the sentence of 3 years, the applicant has already undergone 2 years and 5 months. He has prayed that in
(2 of 2)
[264 SOS 2021]
this view of the matter, this application for suspension of sentence of the applicant may be allowed and sentence of the applicant may be suspended during the pendency of the petition. Learned Public Prosecutor has opposed same.
Having heard the learned counsel appearing for the respective parties and carefully scanned the entire material available on record, this suspension of sentence application filed by the applicant is allowed and it is ordered that execution of sentence awarded to accused applicant Bunty @ Om Prakash S/o Babu Lal by the Trial Court and affirmed by the Appellate Court shall remain suspended during the pendency of the petition, provided he furnishes a personal bond of Rs. 1,00,000/(Rs. One Lakh) with two sureties of Rs.50,000/- (Rupees Fifty Thousand) each before the concerned Trial Court to the satisfaction of the learned trial court with the stipulation that he shall appear before this Court on 10th December, 2021 and thereafter as and when called upon to do so.
(Uma Shanker Vyas),J
Chhaya Awasthi/55
1 issue framed by the court
Whether the suspension of sentence application should be allowed during the pendency of the petition.
Bunty @ Om Prakash
The State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
