This order dismisses a second application for suspension of sentence due to no change of circumstances following a prior dismissal, listing the appeal for final hearing.
Application for suspension of sentence dismissed:
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[2023/RJJD/017443]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 242/2023
Gena @ Gemniya S/o Sh. Hima, Aged About 24 Years, B/c Garasiya, R/o Upali Jogiwar, P.s. Kotda, Dist. Udaipur, Raj. (Presently Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh For Respondent(s) : Mr. Abhishek Purohit, Addl. G.A.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order
25/05/2023
This is second application for suspension of sentence. The first application for suspension of sentence was dismissed by a Coordinate Bench of this Court, in which one of us (Hon’ble Mr. Justice Manoj Kumar Garg) is a member, vide order dated 22.07.2021.
After rejecting the first application for suspension of sentence, there is no change of circumstances. Hence, the present second application for suspension of sentence is hereby dismissed.
The appeal itself may be listed for final hearing in the second week of July, 2023. If, the hearing of the appeal will not take place, then the appellant shall be at liberty to file a fresh application for suspension of sentence after six months from today.
(MADAN GOPAL VYAS),J
(MANOJ KUMAR GARG),J
2-Ishan/-
1 issue framed by the court
Whether there is a change of circumstances warranting suspension of sentence.
Gena @ Gemniya S/o Sh. Hima
State Of Rajasthan
Manoj Kumar Garg
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
