High Court suspended sentences and granted bail to accused-appellants during the pendency of their criminal appeal, directing furnishing of a bond and sureties.
Sentence suspended during pendency of appeal; accused-appellants released on bail subject to furnishing bond and sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Bail (Suspension of Sentence) Application No.224/2022
IN
S.B. Criminal Appeal No. 314/2022
----Accused-Appellants
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Sanjay Sharma, Adv., with Mr. Sumer Sharma, Adv. For Respondent(s) : Mr. Laxman Meena, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
07/03/2022
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 sentence has already been suspended. He further submits that final hearing of the appeal is likely to take time thus sentence of the accusedapplicants may be suspended.
Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence.
(2 of 2)
[SOSA-224/2022]
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. Akash Dhanka S/o Shri Nathulal Dhanka & 2. Suraj Dhanka S/o Shri Nathulal Dhanka in Sessions Case No.99/2018 (CIS No.450/2019) 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 08th April, 2022 and thereafter as and when called upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /53
2 issues framed by the court
Whether sentence of accused-appellants should be suspended during pendency of appeal.
Whether accused-appellants should be released on bail pending appeal.
Akash Dhanka
Suraj Dhanka
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
