In a criminal appeal, the High Court suspended the imposition of the sentence awarded by the trial court pending the final hearing, subject to the furnishing of a bond and personal sureties.
Sentence suspended pending appeal; appellants released on bail subject to deposit of fine and furnishing of personal bond and two sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Bail (Suspension of Sentence) Application No.1652/2022
IN
S.B. Criminal Appeal No. 2528/2022
----Appellants
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : Mr. Mukesh Dudi, Adv. For : Mr. Babu Lal Nasuna, P.P. Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS Order
15/12/2022
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-applicants submits that accused-applicants were on bail during trial and their sentences have already been suspended by the learned trial Court. Learned
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[SOSA-1652/2022 in CRLAS-2528/2022]
counsel further submits that final hearing of the appeal is likely to take time thus sentence of the accused-applicants 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 applicants.
Accordingly, subject to deposition of fine imposed by the learned trial Court on the accused-applicants , the application for suspension of sentence is allowed and it is ordered that the sentence of imprisonment awarded by the learned trial Court against the accused-applicants namely, 1.Balveer @ Pappu S/o Arjun Singh & 2.Ramniwas @ Babu Lal S/o Gopal Singh in Original Criminal Case No.36/2013 shall remain suspended during pendency of appeal and they shall be released on bail, provided each of them 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 they shall appear before this court on
(3 of 3)
[SOSA-1652/2022 in CRLAS-2528/2022]
19th January, 2023 and thereafter as and when called
upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /98
1 issue framed by the court
Whether the sentence awarded to the accused-appellants should be suspended during the pendency of the appeal.
Balveer @ Pappu
Ramniwas @ Babu Lal
State of Rajasthan
Um Shankar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
