Allowed

Khema Singh S/O Bijendra Singh v. State of Rajasthan

Rajasthan HC17 Nov 2021SOSR/273/2021

Case brief

AI extract

What is this about?

The High Court allowed the condonation of a 2256-day delay in filing a criminal revision petition. It granted a suspension of sentence pending the revision, subject to the petitioner furnishing a bond of Rs. 1,00,000 with two sureties.

What did the court decide?

Suspension of sentence execution during pendency of revision, conditioned on furnishing a bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.

Khema Singh S/O Bijendra Singh Vs State of Rajasthan — Rajasthan HC (2021) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN

¶2

BENCH AT JAIPUR

¶3

S.B. Criminal Misc. Suspension of Sentence

¶4

Application No.273/2021

¶5

¶6

S.B. Criminal Revision Petition No. 1054/2021

¶7

Khema Singh S/o Bijendra Singh, R/o Kheda, Police Station Sadar Hindaun City, District Karauli (Raj.) (Confined In Sub Jail Hindaun City, District Karauli)

¶8

----Accused-Petitioner

¶9

Versus

¶10

State Of Rajasthan, Through PP

¶11

----Applicant-Non-Petitioner

¶12

For Petitioner(s) For Respondent(s)

¶13

: Mr. Akash Sarawat : Mr. Imran Khan, P.P.

¶14

HON'BLE MR. JUSTICE UMA SHANKER VYAS Order

¶15

17/11/2021

¶16

For the reasons stated in the application (IA No.336/2021) for condonation of delay, which is of 2256 days, in filing the revision petition, the same is allowed.

¶17

The delay is condoned.

¶18

This suspension of sentence application has been filed by the applicant seeking suspension of his sentence.

¶19

Learned counsel for the applicant has contended that the applicant was convicted by the Trial Court vide its judgment dated 02.11.2010 for the offence under Section(s) 279 & 304A IPC and sentenced as under:-

¶20

For offence under Section 279 IPC- Simple Imprisonment of three months with a fine of Rs.500/-; in default of payment of fine, to further undergo Simple Imprisonment of fifteen days.

¶21

(2 of 2)

¶22

[SOSR-273/2021]

¶23

For offence under Section 304A IPC- Simple Imprisonment of one year with a fine of Rs.4,000/-; in default of payment of fine, to further undergo simple imprisonment of three months.

¶24

The appellant-applicant thereafter filed an appeal, but the appellate Court vide its judgment dated 28.04.2015 dismissed the appeal and affirmed the judgment passed by the Trial Court.

¶25

Learned counsel further submits that the accused applicant is behind bars since long. The hearing of the criminal revision petition may take long time thus, the sentence awarded to the applicant may be suspended during the pendency of the petition.

¶26

Learned Public Prosecutor has opposed same.

¶27

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 Khema Singh S/o Bijendra Singh 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 17^th December, 2021 and thereafter as and when called upon to do so.

¶28

(UMA SHANKER VYAS),J

¶29

DANISH USMANI /21

Khema Singh S/O Bijendra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Khema Singh S/O Bijendra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rohit Gupta S/O Mahaveer Prasad Gupta Vs State of Rajasthan

Bhagirath Machra S/O Shri Jugtaram Vs State of Rajasthan

Abdul Hameed Son of Samda Ji Vs State of Rajasthan

Mukesh Kumar Sharma S/O Late Shri Jagdish Narayan Sharma B/C Brahmin Vs State of Rajasthan

Sharvan Meena Son of Shri Prahlad Meena Vs State of Rajasthan

Shankarlal S/O Ladunath Vs State of Rajasthan