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2021 Supreme(Raj) 539

PUSHPENDRA SINGH BHATI
Balvinder Singh @ Bitu Jatsikh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
R.S. Gill, Advocate, Farzand Ali, Advocate, Gaurav Singh, Advocate

JUDGMENT

Pushpendra Singh Bhati, J. - In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

2. Learned counsel for the petitioner submits that the sentence of co-accused Raspal Singh @ Pali has already been suspended by this court vide order dated 10.05.2019 passed in S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.103/2019.

3. Learned AAG opposes the suspension of sentence application but is not in a position to point out any differentiating circumstance of the petitioner from Raspal Singh's case and in that case, the sentence has already been suspended.

4. This Court heard learned counsel for the parties and perused the material available on record.

5. Having considered the totality of facts and circumstances of the case, this Court considers it just and proper to suspend the substantive sentence awarded to the accused applicant-appellant.

6. Accordingly, S.B. Suspension of Sentence (Appeal) No. 54/2021 filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 06.03.2018 in Sessions Case No.83/2014 against applicant-appellant Balvinder Singh @ Bitu J

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