Single judge of Rajasthan High Court allowed the application for suspension of sentence, releasing the accused on bail with bond and sureties pending disposal of the revision petition.
Application for suspension of sentence allowed; accused released on bail subject to personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Bail (Suspension of Sentence)
Application No.341/2021
In
S.B. Criminal Revision Petition No. 1281/2021
Bharatram Meena S/o Ramsingh, Aged About 31 Years, Resident Of Village Antripura, P.S. Sadar Karauli, District Karauli (Raj.) (Presently In District Jail At Karauli)
----Accused-Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Arvind Sharma For Respondent(s) : Mr. Yashwant Kankhedia, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
14/12/2021
Heard on application for suspension of sentence.
The petitioner has filed the revision petition along with application for suspension of sentence.
This revision petition has been preferred against the order dated 08.11.2021 passed by the court of Sessions Judge, Karauli (the appellate court) in Criminal Appeal No.03/2021(CIS No.03/2021), modifying the order dated 02.02.2021 passed by the Chief Judicial Magistrate, Karauli (the trial court) in Criminal Case No.599/2016(CIS No.2180/2016), by which the petitioner has been convicted for offence/s under Sections 323, 341 and 354
(2 of 2)
of IPC and sentenced to maximum term of two years
imprisonment.
It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in the case. He has been sentenced to a maximum term of two years’ imprisonment for offence under Section 354 of IPC. The petitioner was on bail during trial. Hearing of revision petition may take long time.
Learned Public Prosecutor has opposed the application for suspension of sentence.
Heard learned counsel for the parties and scanned the evidence available on record carefully.
Taking into consideration the submissions of learned counsel for the parties, overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems it just and proper to allow the application for suspension of sentence.
Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accused/petitioner Bharatram Meena S/o Ramsingh shall remain suspended till disposal of this revision petition and he be released on bail, provided the petitioner furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court for his appearance in this Court on 17th January, 2022 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Hemant/90
1 issue framed by the court
Whether the application for suspension of sentence warrant a grant of bail and release of the accused pending disposal of the revision petition.
Bharatram Meena
State Of Rajasthan
Manoj Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
