In a criminal appeal, the High Court suspended the sentence awarded by the trial court to the appellant, allowing his release on bail upon furnishing a personal bond and two sureties.
Suspension of sentence awarded by the trial court; release on bail via personal bond and two sureties pending appeal.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence
Application No.1130/2022
IN
S.B. Criminal Appeal No. 1737/2022
Deepak @ Kaliya Son of Ram Kishan, Resident Of Hudiya Kalan, Police Station Mandhan, District Alwar (Raj) (At Present Lodged In The Central Jail, Alwar)
----Appellant
Versus
State Of Rajasthan, Through The Public Prosecutor
----Respondent
For Appellant(s) : Mr. Ashvin Garg, Adv. For : Mr. Suresh Kumar, P.P. Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS Order
13/12/2022
Heard learned counsel for the parties on the application filed for suspension of sentence and perused the entire material available on record.
Learned counsel for the accused-applicant submits that accused-applicant was on bail during trial and presently he is behind bars. He further submits that final hearing of the appeal is likely to take time thus sentence of the accused-applicant may be suspended.
(2 of 2)
[SOSA-1130/2022 in CRLAS-1737/2022]
Learned Public Prosecutor has vehemently
opposed the prayer regarding suspension of sentence.
I have considered the submissions made by learned counsel for the parties.
Without commenting upon the merits of the case, I deem it just and proper to suspend the sentence awarded to the applicant.
Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court to the accused-applicant namely, Deepak @ Kaliya S/o Ram Kishan in Sessions Case No.98/2020 shall remain suspended during pendency of the appeal and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation that he shall appear before this court on 16th January, 2023 and thereafter as and when called upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /59
1 issue framed by the court
Whether the application for suspension of sentence during the pendency of the appeal deserves allowance.
Deepak @ Kaliya Son of Ram Kishan
State Of Rajasthan, Through The Public Prosecutor
Uma Shanker Vyas
As recorded by the court registry
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