In this criminal miscellaneous application, the High Court suspended the sentence awarded to the appellant and granted bail pending the appeal, requiring a bond and sureties.
Suspension of sentence and release on bail with a 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. Application (For Suspension of Sentence)
No.92/2022
IN
S.B. Criminal Appeal No. 126/2022
Ganga Devi W/o Ghanshyam, Resident Of Sahu Nagar, Police Station Mantown, Sawaimadhopur
----Accused-Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Umesh Dixit, through VC For Respondent(s) : Mr. Imran Khan, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
24/01/2022
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 sentence awarded to the applicant is already 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-92/2022]
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, Ganga Devi W/o Ghanshyam in Sessions Case No.62/2019 shall remain suspended during pendency of appeal and she shall be released on bail, provided she 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 she shall appear before this court on 28th February, 2022 and as when called upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /43
1 issue framed by the court
Whether the sentence of the accused-appellant should be suspended during the pendency of the appeal?
Ganga Devi W/o Ghanshyam
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
