Allowed

Mahaveer Prasad S/O Kishan v. State of Rajasthan

Rajasthan HC1 Aug 2022SOSR/334/2022

Case brief

AI extract

What is this about?

In S.B. Criminal Misc. Application No.334/2022, the Rajasthan High Court discharged its mandate to determine if a sentence should be suspended. The Court found it just and proper to suspend the sentence awarded to the petitioner during the pendency of a related criminal revision petition.

What did the court decide?

The sentence awarded to the accused-petitioner is suspended during pendency of the petition, and he is released on bail subject to furnishing a bond of Rs.1,00,000/- and two sureties of Rs.50,000/each

Mahaveer Prasad S/O Kishan Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Application For Suspension of Sentence

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No.334/2022

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S.B. Criminal Revision Petition No. 1059/2022

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Mahaveer Prasad S/o Kishan, R/o Aakhatadi Police Station Pachewar District Tonk (Tonk)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p

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----Respondent

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For Petitioner(s) : Mr. Vinod Kumar Sharma, Adv. For Respondent(s) : Mr. Ganesh Saini, P.P.

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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01/08/2022

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Heard learned counsel for the parties on the application filed for suspension of sentence and perused the entire material available on record.

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Learned counsel for the accused-petitioner submits that there is no reliable and legally acceptable evidence to hold the accused-petitioner guilty for the alleged offence(s) and there is every likelihood of succeeding in the criminal revision petition. Learned counsel further submits that the accused-petitioner was on bail during trial as well as during the pendency of the appeal and presently he is behind bars. He further submits that final hearing of the petition is likely to take time thus sentence of the accused-petitioner may be suspended.

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(2 of 2)

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[SOSR-334/2022]

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Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence.

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I have considered the submissions made by learned counsel for the parties.

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Without commenting upon the merits/demerits of the case and considering the arguments advanced by the parties, this Court deems it just and proper to suspend the sentence awarded to the petitioner.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court in Criminal Case No.98/2016 (427/2005) and as affirmed by the learned appellate Court against the accusedpetitioner namely, Mahaveer Prasad S/o Kishan 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 before this court on 2^nd September, 2022 and thereafter as and when called upon to do so.

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(UMA SHANKER VYAS),J

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KESHAV GHIYA /40

Mahaveer Prasad S/O Kishan v. State of Rajasthan

Case brief

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Mahaveer Prasad S/O Kishan v. State of Rajasthan

Case brief

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