The High Court of Rajasthan suspended the sentence awarded to a convicted appellant pending the final hearing of his appeal, directing release on bail upon furnishing a bond and executing two sureties.
Sentence suspended; release on bail granted subject to execution of 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. Bail Application for Suspension of Sentence
No.51/2022
IN
S.B. Criminal Appeal No. 69/2022
Anil Malik S/o Shri Ramphal, R/o Village Sultanpur, Police Station Sadar, Haansi, District Hissar (Haryana)
----Applicant-Appellant-Accused person
Versus
State Of Rajasthan, Through Public Prosecutor
----Non-Applicant/Respondent
For Appellant(s) : Mr. Ajay Singh, through VC For Respondent(s) : Mr. Ganesh Saini, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
17/01/2022
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-51/2022]
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, Anil Malik S/o Shri Ramphal in Sessions Case No.118/2020 CIS No.453/2020 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 17th February, 2022 and as when called upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /56
1 issue framed by the court
Whether sentence awarded in Sessions Case No.118/2020 should be suspended during the pendency of appeal?
Anil Malik
State Of Rajasthan
UMA SHANKER VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
