[2024:RJ-JP:10400]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Application for Suspension of Sentence
No.132/2024
in
S.B. Criminal Revision Petition No. 353/2024
Narsilal Son Of Shri Sultan, Aged About 37 Years, Resident Of
Dhani Nava Kunva, Jugalpura, Police Station Ajeetgarh, Sikar
District (Raj) (At Present In Central Jail, Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Rajesh Kumar Sharma
For Respondent(s) : Mr. N.S. Gurjar, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
29/02/2024
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 the alleged offence(s) and sentenced to undergo a maximum
period of one & half years rigorous imprisonment along with fine
as per judgment dated 22.07.2006. 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
judgment of the Trial Court, vide its order dated 16.02.2024.
Counsel has annexed the Certificate under Rule 311 of High Court
Rules, 1952 to the effect that the applicant was on bail during trial
[2024:RJ-JP:10400] [CRLR-353/2024]
(2 of 2)
& pendency of appeal and presently, he is behind the bars since
long time. Counsel also submits that the learned Trial Court has
not appreciated the facts & circumstances of the case holistically
and the hearing of the revision petition will take its own time,
hence, the sentence awarded to the applicant-petitioner 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 Narsilal S/o Shri
Sultan, by the Trial Court vide judgment dated 22.07.2006 and
affirmed by the Appellate Court vide order dated 16.02.2024 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 01.04.2024 and thereafter, as and when he is called
upon to do so.
(VINOD KUMAR BHARWANI),J
SAHIL SONI /32