The High Court, Jaipur Bench, suspended the sentence awarded by the lower court to the accused-appellant during the pendency of his criminal appeal and ordered his release on bail with sureties.
Immediate suspension of the sentence awarded and release on bail with personal bond of Rs.1,00,000/- and two sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. (Suspension of Sentence) Application
No.33/2022
IN
S.B. Criminal Appeal No. 53/2022
Manoj Kumar Son of Shri Rohitashwa Yadav, Aged About 48 Years, Resident Of Village Laadpur, Tehsil Kotkasim District Alwar (Raj.)
----Accused-Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Brahma Prakash, through VC For Respondent(s) : Mr. C.G. Chopra, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
13/01/2022
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 that 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-33/2022]
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, Manoj Kumar S/o Shri Rohitashwa Yadav in Criminal Misc. Case No.18/2019 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 /44
1 issue framed by the court
Whether the sentence awarded to the accused-applicant should be suspended by this court during the pendency of the appeal.
Manoj Kumar
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
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