Allowed

Bapulal Son of Bhuwana v. State of Rajasthan

Rajasthan HC29 Nov 2021SOSR/292/2021

Case brief

AI extract

What is this about?

This court allowed a suspension of sentence application filed by an applicant convicted under the Rajasthan Excise Act. The court ordered the suspension of the execution of the sentence pending the hearing of a criminal revision petition, subject to the furnishing of a personal bond and sureties.

What did the court decide?

Suspension of sentence awarded by the Trial Court during the pendency of the petition, subject to furnishing a personal bond of Rs. 1,00,00/- with two sureties of Rs. 50,000 each.

Bapulal Son of Bhuwana Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Suspension of Sentence Application

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No.292/2021

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S.B. Criminal Revision Petition No. 1100/2021

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Bapulal Son of Bhuwana, Aged About 50 Years, Resident of Govindpura, Police Station Jhalrapatan, District Jhalawar (Raj.) (At Present In District Jail, Jhalawar)

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----Accused/Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Ajay Singh Yaduvanshi For Respondent(s) : Mr. Imran Khan, P.P.

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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29/11/2021

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

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Learned counsel for the applicant has contended that the applicant was convicted by the Trial Court vide its judgment dated 28.08.2019 for the offence under Section(s) 16/54 of Rajasthan Excise Act and sentenced as under:-

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For offence under Section(s) 16/54 of Rajasthan Excise Act Simple Imprisonment of two years with a fine of Rs.10,000/-; in default of payment of fine, to further undergo Simple Imprisonment of ten days.

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The appellant-applicant thereafter filed an appeal, but the appellate Court vide its judgment dated 29.09.2021 dismissed the

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(2 of 2)

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[SOSR-292/2021]

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appeal and affirmed the judgment passed by the Trial Court.

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Learned counsel further submits that the accused petitioner was on bail during trial as well as during appeal and at present he is behind bars. 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.

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Learned Public Prosecutor has opposed same.

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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 Bapulal S/o Bhuwana 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 3rd January, 2022 and thereafter as and when called upon to do so.

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(UMA SHANKER VYAS),J

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DANISH USMANI /33

Bapulal Son of Bhuwana v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bapulal Son of Bhuwana v. State of Rajasthan

Case brief

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What did the court decide?

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