The High Court at Jaipur allowed a suspension of sentence application pending appeal. The court ordered the release of the appellant on bail upon furnishing a personal bond and two court sureties.
Sentence suspended during pendency of appeal; appellant released on bail upon furnishing Rs. 1,00,000 personal bond 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. Suspension of Sentence Application
No.65/2022
IN
S.B. Criminal Appeal No. 85/2022
Rajesh S/o Kesari Lal, R/o Ramnagar, P.S. Bhawanaimandi, District Jhalawar (Presently Confined At Central Jail Jhalawar)
----Appellant/Accused
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Amit Dadhich, through VC For Respondent(s) : Mr. Yashwant Kankhedia, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS Order
18/01/2022
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 currently is behind bars at District Jail, Jhalawar. 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.
Without commenting upon the merits of the case, I deem it just and proper to suspend the sentence awarded to the applicant.
(2 of 2)
[SOSA-65/2022]
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, Rajesh S/o Kesari Lal in Sessions Case No.39/2020(113/2019) 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 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 21st February, 2022 and as when called upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /56
1 issue framed by the court
Whether the sentence awarded against the accused-applicant should be suspended during the pendency of the appeal.
Rajesh S/o Kesari Lal
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
