Allowed

Rajesh Kumar S/O Shri Shankar Lal v. State of Rajasthan

Rajasthan HC20 Nov 2021SOSR/330/2021

Case brief

AI extract

What is this about?

The High Court allowed the suspension of sentence application. It ordered that the execution of the sentence awarded by the Trial Court and affirmed by the Appellate Court shall remain suspended during the pendency of the petition, upon furnishing a bond with sureties and appearing on a specified date.

What did the court decide?

Execution of the sentence awarded by the Trial Court and affirmed by the Appellate Court shall remain suspended during the pendency of the petition, subject to furnishing a bond with sureties and appe

Rajesh Kumar S/O Shri Shankar Lal Vs State of… — Criminal Trial and Appeal | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Misc. Suspension of Sentence

¶3

Application No.330/2021

¶4

¶5

S.B. Criminal Revision Petition No. 1250/2021

¶6

Rajesh Kumar S/o Shri Shankar Lal, Aged About 37 Years, R/o Shankar Gadhi, Police Station Loh Jheel, District Mathura (U.P.) (At Present Confined In District Jail Sawai Madhopur)

¶7

----Accused-Petitioner

¶8

Versus

¶9

State Of Rajasthan, Through P.P.

¶10

----Respondent

¶11

For Petitioner(s) : Mr. Satish Khandel, for Mr. Himmat Singh Bikarwar For Respondent(s) : Mr. Imran Khan, P.P.

¶12

HON'BLE MR. JUSTICE UMA SHANKER VYAS

¶13

Order

¶14

20/11/2021

¶15

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

¶16

Learned counsel for the applicant has contended that the applicant was convicted by the Trial Court vide its judgment dated 31.08.2018 for the offence under Section(s) 279, 337 & 304A IPC and for the offence under Section(s) 134/187 of M.V. Act and sentenced as under:-

¶17

For offence under Section 279 IPC- Simple Imprisonment of six months with a fine of Rs.1,000/-; in default of payment of fine, to further undergo Simple Imprisonment of one month.

¶18

(2 of 3)

¶19

[SOSR-330/2021]

¶20

For offence under Section 337 IPC- Simple Imprisonment of six months with a fine of Rs.500/-; in default of payment of fine, to further undergo Simple Imprisonment of ten days.

¶21

For offence under Section 304A IPC- Simple Imprisonment of two years with a fine of Rs.10,000/-; in default of payment of fine, to further undergo Simple Imprisonment of two months. For offence under Section(s) 134/187 M.V. Act- A fine of Rs.500/-; in default of payment of fine, to further undergo Simple Imprisonment of five days.

¶22

The appellant-applicant thereafter filed an appeal, but the appellate Court vide its judgment dated 10.11.2021 dismissed the appeal and affirmed the judgment passed by the Trial Court.

¶23

Learned counsel further submits that the accused applicant was on bail during trial as well as during appeal and at present is behind bars in district Jail, Sawai Madhopur. 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.

¶24

Learned Public Prosecutor has opposed same.

¶25

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 Rajesh Kumar S/o Shri Shankar 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

¶26

(3 of 3)

¶27

[SOSR-330/2021]

¶28

learned trial court with the stipulation that he shall appear before this Court on 20^th December, 2021 and thereafter as and when called upon to do so.

¶29

(UMA SHANKER VYAS),J

¶30

DANISH USMANI /65

Rajesh Kumar S/O Shri Shankar Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajesh Kumar S/O Shri Shankar Lal 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

Parties & counsel

Coram

Case details

Similar cases

Suraj Surana S/O Shri Ashok Surana Vs Smt. Ritu W/O Shri Suraj Surana, D/O Shri Bajrang Singh

Mukesh Saini S/O Gajanand Saini Vs State of Rajasthan

Mahesh S/O Bajranglal, Vs State of Rajasthan

Ram Raj Vs State and Anr.

Sardar Singh S/O Ummed Singh Vs State of Rajasthan

Ramphool Vs State of Rajasthan through P.P.