High Court of Rajasthan permitted suspension of sentence and released the appellant on bail during the pendency of the criminal appeal, requiring a personal bond and sureties.
Sentence suspended; appellant released on bail pending appeal upon furnishing bond of Rs. 1,00,000/- and sureties of Rs. 50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Application for Suspension of
Sentence No.1634/2022
IN
S.B. Criminal Appeal No. 2514/2022
Deena Son of Shri Niroti Lal, Aged About 32 Years, Resident Of Bhilangwa (Miyapura) Police Station Sadar, Dholpur District Dholpur (Raj)
----Appellant
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : Mr. Anil Jain, Adv., with Mr. Udit Sapra, Adv. & Mr. Dushyant Jain, 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 his sentence has already been suspended by the learned trial Court. He further submits that final hearing of the appeal is likely to take time thus
(2 of 2)
[SOSA-1634/2022 in CRLAS-2514/2022]
sentence of the accused-applicant may be suspended.
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, Deena S/o Shri Niroti Lal in Sessions Case No.18/2022 CIS No.18/2022 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 /75
1 issue framed by the court
Whether the sentence awarded by the trial Court should be suspended during the pendency of the appeal.
Deena
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
