The High Court suspended the sentence awarded to two appellants in a criminal appeal and ordered their release on bail subject to furnishing a bond with sureties, without adjudicating the merits of the case.
Sentence suspended; release on bail conditional on personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.170/2022
IN
S.B. Criminal Appeal No. 58/2022
----Appellants Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Kapil Bhardwaj, Adv. For Respondent(s) : Mr. Rajendra Yadav, GA-cum-AAG, assisted by Mr. Ashish Sharma, Adv., Mr. Laxmikant Sharma, Adv., for complainant(s).
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
22/02/2022
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 sentence of the co-accused has already been suspended by this Court vide order dated 10.02.2022. Learned counsel further submits that the applicants are presently in judicial custody and final hearing of the appeal is likely to take time thus sentence of the accused-applicants may be suspended.
(2 of 2)
[SOSA-170/2022]
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 applicants.
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-applicants namely, 1.Kaushlendra @ Chinga S/o Bahadur Singh Jat & 2.Satyapal S/o Bahadur Jat in Sessions Case No.01/2019 (CIS No.135/2018) 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 24th March, 2022 and thereafter as and when called upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /18
Kaushlendra @ Chinga
Satyapal
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
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