Allowed

Prabhulal S/O Motilal v. State of Rajasthan

Rajasthan HC12 Nov 2021SOSR/298/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the applicant's suspension of sentence application during the pendency of his criminal revision petition, ordering him to furnish a bond with two sureties and appear before the Court on a specified date.

What did the court decide?

Suspension of execution of sentence allowed during pendency of petition; bond of Rs.1 lakh with two sureties directed.

Prabhulal S/O Motilal Vs State of Rajasthan — Rajasthan HC (2021) — LawSathi Research

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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.298/2021

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S.B. Criminal Revision Petition No.1110/2021

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Prabhulal S/o Motilal, Resident Of Kotdi, Police Station Harnavdashahji District Baran (Raj) (At Present Confined In Sub Jail, Chhabra, District Baran)

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----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. Naresh Kumar Singhal For Respondent(s) : Mr. Imran Khan, PP

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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12/11/2021

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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 28.09.2018 for the offence under Section(s) 279, 337 & 304A of IPC and sentenced as under:-

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For offence under Section 279 IPC – simple imprisonment of three months with fine of Rs. 500/-; in default of payment of fine, to further undergo simple imprisonment of fifteen days. For offence under Section 337 IPC – simple imprisonment of three months with fine of Rs. 500/-; in default of payment of fine, to further undergo simple imprisonment of fifteen days.

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(2 of 2)

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[SOS-298/2021]

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For offence under Section 304A IPC – simple imprisonment of two years with fine of Rs. 1000/-; in default of payment of fine, to further undergo simple imprisonment of one month.

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The appellant-applicant thereafter filed an appeal, but the appellate Court vide its judgment dated 01.10.2021 dismissed the appeal and affirmed the judgment passed by the Trial Court.

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Learned counsel further submits that the accused applicant was on bail during trial and he is behind bars since long. The disposal of the revision is likely to take long time. He has prayed that 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.

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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 Prabhulal S/o Shri Motilal 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 15^th December, 2021 and thereafter as and when called upon to do so.

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(UMA SHANKER VYAS),J

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Chhaya Awasthi/22

Prabhulal S/O Motilal v. State of Rajasthan

Case brief

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Prabhulal S/O Motilal v. State of Rajasthan

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