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2015 Supreme(Raj) 1273

VIJAY BISHNOI
Heera Lal – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioner-Applicant:Suresh Kumbhat and V.N. Kalla, Advocates.
For the Respondent: O.P. Rathi, Public Prosecutor.

JUDGMENT

1. - Learned counsel for the petitioner has submitted that earlier, this Court vide order dated 01.12.2014 has suspended the sentence awarded to the petitioner by the Additional Chief Judicial Magistrate, Chhoti Sadri (hereinafter referred to as 'the trial court'), in Criminal Case No.155/2011 vide order dated 07.11.2012 as affirmed by the Sessions Judge, Pratapgarh (hereinafter referred to as 'the appellate court') vide order dated 12.11.2014 in Criminal Appeal No.94/2012. It is submitted that the order dated 01.12.2014 has been recalled by this Court on 08.01.2015 as the petitioner did not surrender before the court below to serve sentence passed by the trial court and affirmed by the appellate court. It is contended that now the petitioner has surrendered before the appellate court on 20.01.2015. A certified copy of the order dated 20.01.2015 passed by the appellate court has been placed on record. Learned counsel for the petitioner has submitted that the sentence awarded by the trial court is of six months and, therefore, the same may be suspended.

2. Heard learned counsel for the petitioner-applicant and the learned Public Prosecutor. I have considered the rival argume








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