The High Court in Rajasthan suspended the sentence awarded to the accused-appellant during the pendency of his appeal upon furnishing a personal bond and two sureties.
The sentence awarded by the trial Court shall remain suspended during the pendency of appeal; appellant released on bail.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.241/2022
IN
S.B. Criminal Appeal No. 340/2022
Shyamsunder Son of Shri Hari Singh, Resident Of Takha Police Station Udyog Nagar District Bharatpur.
----Accused Appellant
Versus
State Of Rajasthan, Through The PP
----Non Appellant
For Appellant(s) : Mr. Dharmendra Choudhary, Adv., for Mr. Harendra Singh, Adv. For Respondent(s) : Mr. Ganesh Saini, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
11/03/2022
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-241/2022]
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, Shyamsunder S/o Shri Hari Singh in Sessions Case No.17/2017 (CIS No.112/2017) 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 13th April, 2022 and thereafter as and when called upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /45
1 issue framed by the court
Whether the sentence awarded against the accused-appellant should be suspended during the pendency of the appeal.
Shyamsunder Son of Shri Hari Singh
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
