The High Court of Rajasthan suspended the sentence awarded to the appellant during the pendency of his appeal, releasing him on bail conditioned upon personal bond and sureties.
Sentence suspended during appeal pending; release on bail conditioned upon 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.229/2022
IN
S.B. Criminal Appeal No. 321/2022
Raju Son of Badri, Aged About 25 Years, Resident Of Barnawda, Police Station Khandar, District Sawai Madhopur (Rajasthan)
----Accused/Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent For Appellant(s) : Mr. Aslam S. Khan, Adv., for Mr. Girish Khandelwal, Adv. For Respondent(s) : Mr. Imran Khan, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
08/03/2022
Learned Public Prosecutor submits that complainant was informed through SHO, Police Station concerned regarding this appeal. In spite of above information, no one is present on behalf of the complainant.
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. He further submits that final hearing of the appeal is likely to take time thus sentence of the accusedapplicant may be suspended.
(2 of 2)
[SOSA-229/2022]
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, Raju S/o Badri in Sessions Case No.107/2018 shall remain suspended during pendency of 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 11th April, 2022 and thereafter as and when called upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /44
1 issue framed by the court
Whether the sentence awarded to the accused-appellant can be suspended during the pendency of the appeal.
Raju Son of Badri
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
