The High Court suspended the execution of the applicant's sentence, allowing him to be at liberty on a personal bond with sureties during the pendency of his revision petition against a conviction under Section 392 IPC.
Suspension of sentence; personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each; appearance before the Court.
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[2024:RJ-JP:7639]
[CRLR-73/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Suspesnion of Sentence Application
No.31/2024
In
S.B. Criminal Revision Petition No. 73/2024
Santosh S/o Shri Kishanlal, Aged About 27 Years, R/o Mudiya Kheda, Police Station Manpur District Dausa (Raj.) (At Present Confined In Sub Jail, Bandikui)
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Vishram Prajapati |
|---|---|
| For Respondent(s) | : Mr. Mahendra Meena, P.P. |
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
14/02/2024
This application for suspension of sentence has been filed by the applicant-petitioner alongwith the revision petition.
Learned counsel for the applicant-petitioner submits that the applicant-petitioner has been convicted by the learned Trial Court for offence(s) under Section(s) 392 I.P.C. and sentenced with a maximum period of three years rigorous imprisonment along with fine as per judgment dated 17.08.2019. Counsel further submits that the applicant-petitioner has also filed an appeal before the learned Appellate Court and the same was dismissed, while affirming the
[2024:RJ-JP:7639]
[CRLR-73/2024]
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judgment of the Trial Court, vide its order dated 06.11.2023.Counsel has annexed the Certificate under Rule 311 of High Court Rules, 1952 to the effect that the applicant was on bail during trial and presently, he is behind the bars since long time. Counsel also submits that the judgment of conviction & sentence passed by the Court below, is totally based upon surmises and conjectures and the revision petition is likely to take long time to conclude. Hence, the sentence awarded to the applicant may be suspended during the pendency of the revision petition.
Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence.
Looking to the term of sentence, without commenting upon the merits of the case and considering the submissions made at bar, this Court deems it just and proper to suspend the sentence awarded to the applicant-petitioner.
Accordingly, this application for suspension of sentence, is allowed and it is hereby ordered that the execution of sentence awarded to the applicant-petitioner, namely Santosh S/o Shri Kishanlal, by the Trial Court, vide judgment dated 17.08.2019 and affirmed by the Appellate Court vide order dated 06.11.2023 shall remain suspended during the pendency of the revision petition, provided he furnishes a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court with the stipulation that he shall appear before this Court on 15.03.2024 and thereafter, as and when he is called upon to do so.
(VINOD KUMAR BHARWANI),J
SAURABH /95
2 issues framed by the court
Whether the sentence awarded to the applicant should be suspended during the pendency of the revision petition.
Whether the applicant can furnish a personal bond with sureties to secure his appearance in court.
3 provisions across 1 enactments
Santosh S/o Shri Kishanlal
State Of Rajasthan
Bhagchand Saini S/o Shri Ramnath Saini
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
