The court allowed an application for suspension of sentence. The petitioner was released on bail upon furnishing a personal bond and two sureties to the satisfaction of the trial court.
Sentence suspended during petition pendency; petitioner to be released on bail with 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. Suspension of Sentence
Application No.4/2022
IN
S.B. Criminal Writ Petition No. 473/2022
Rajesh Kumar S/o Shri Narayan Singh, R/o Khedi Sayla, Police Station Khedi Sayla, Distt. Rohatak Haryana Presently Confined In Distt. Jail Jhalawar Through His Son Akshay S/o Rajesh Aged 23 Years, R/o House No. 192/13, Surya Nagar, Sampala (36) Rohatak, Haryana
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Sanjay Kumar Sharma, Adv. For : Mr. Prashant Sharma, P.P. Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
21/11/2022
Heard learned counsel for the parties on the application filed for suspension of sentence and perused the entire material available on record.
Learned counsel for the accused-petitioner submits that accused-petitioner has been absconding during trial as well as during pendency of appeal and thereafter was arrested in another matter and
[SOSP-4/2022 in CRLW-473/2022]
(2 of 3)
produced on production warrant in this case, so at present he is behind bars. He further submits that final hearing of the petition 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.
Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court and affirmed by the learned appellate Court to the accused-applicant namely, Rajesh Kumar S/o Shri Narayan Singh in Criminal Regular Case No.1532/2011 shall remain suspended during pendency of petition 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
(3 of 3)
[SOSP-4/2022 in CRLW-473/2022]
before this court on 22nd December, 2022 and thereafter as and when called upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /02
1 issue framed by the court
Whether to allow the application for suspension of sentence and release the petitioner on bail during the pendency of the petition.
Rajesh Kumar
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
