The High Court allowed the suspension of sentence application, ordering the release of the appellant on bail during the pendency of his criminal appeal subject to furnishing a bond and sureties.
Suspension of sentence allowed; appellant released on bail subject to bond and sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.235/2022
IN
S.B. Criminal Appeal No. 327/2022
Hariya @ Vishvendra S/o Premsingh, R/o Hasanpur Gadoli, Police Station Nadbai, District Bharatpur (Raj.)
----Accused-Appellant
Versus
State of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Yogesh Singhal, Adv. For Respondent(s) : Mr. Yashwant Kankhadia, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
09/03/2022
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-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.
Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence.
I have considered the submissions made by learned counsel for the parties.
(2 of 2)
[SOSA-235/2022]
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, Hariya @ Vishvendra S/o Premsingh in Sessions Case No.66/2018 (82/2018) 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 /52
Hariya @ Vishvendra S/o Premsingh
State of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
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