The High Court allowed an application to suspend the sentence awarded to the accused-appellant during the pendency of his appeal and released him on bail upon furnishing a personal bond with two sureties.
Sentence suspended during pendency of appeal; accused released on bail with sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Application for Suspension of Sentence
No.32/2022
IN
S.B. Criminal Appeal No. 52/2022
Raju S/o Champalal, Resident Of Ghatoli, Police Station Ghatoli, District Jhalawar (Rajasthan)
----Accused-Appellant
Versus ----Respondent
State Of Rajasthan, Through P.P.
For Appellant(s) : Mr. Narsi Prasad Sharma, through Video Conferencing. For Respondent(s) : Mr. Riyasat Ali, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
12/01/2022
Heard learned counsel for the accused-applicant as well as learned Public Prosecutor on the application filed for suspension of sentence and perused the entire material available on record.
Learned counsel for accused-applicant submits that the applicant was on bail during trial and his sentence has already been suspended by the learned trial court. Learned counsel further submits final hearing of the appeal is likely to take time thus sentence of the accused-applicant 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-32/2022]
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 against the accused-applicant namely, Raju S/o Champalal in Sessions Case No.28/2021 (31/2021) 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 like amount each to the satisfaction of the learned trial Court with the stipulation that he shall appear before this court on 16th February and as when called upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /32
1 issue framed by the court
Whether the sentence awarded to the accused-appellant should be suspended during the pendency of appeal.
Raju S/o Champalal
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
