High Court allowed suspension of sentence for the appellant lodged in District Jail Bikaner. He was granted bail to appear on a personal bond with two sureties during the pendency of the appeal.
Sentence suspended; appellant 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. Second Bail Application for Suspension of Sentence No.95/2023
In
S.B. Criminal Appeal No. 622/2022
Rajesh Kumar S/o Shri Ranjeet Singh, R/o Gungara Police Station Dadiya, District Sikar, Rajasthan (Presently Lodged In District Jail At Bikaner)
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
| For Appellant(s) | : Mr. Suresh Kumar Sahni Mr. Ram Mohan Sharma |
|---|---|
| For | : Mr. Suresh Kumar, PP |
| Respondent(s) | Ms. Sonia Shandilya Mr. Sandeep Pathak |
| Mr. Arnav Singh- for complainant |
HON'BLE MR. JUSTICE UMA SHANKER VYAS Order
12/01/2023
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-applicant submits that accused-applicant was on bail during trial and presently he is in judicial custody for 22 months. Learned counsel further submits final
(2 of 2)[II SOSA 95/2023]
hearing of the appeal is likely to take time thus sentence of the accused-appellant may be suspended.
Learned Public Prosecutor and learned counsel for the complainant have 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 second bail application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court to the accused-applicant Rajesh Kumar S/o Shri Ranjeet Singh in Sessions Case No.378/2014 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 14th February, 2023 and thereafter as and when called upon to do so.
(UMA SHANKER VYAS),J
GAURAV SHARMA /73
1 issue framed by the court
Whether the appellant is eligible for suspension of sentence and release on bail pending appeal.
Rajesh Kumar
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
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