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2022 Supreme(Raj) 983

PUSHPENDRA SINGH BHATI
Kanti Lal – Appellant
Versus
Yogesh Joshi – Respondent


Advocates appeared:
Mr. Shambhoo Singh Rathore, for the Appellant
Mr. Mukesh Trivedi, PP, for the Respondent.

ORDER

1. Admit.

2. Issue notice to respondent No.1 only as the learned Public Prosecutor accepts notice on behalf of respondent No.2-State.

3. Heard learned counsel for the petitioner and learned Public Prosecutor on application of suspension of sentence No.100/2022.

4. Upon a consideration of the arguments advanced on behalf of the petitioner and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-petitioner.

5. Accordingly, the application for suspension of sentence filed under Section 397/401 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Judicial Magistrate, Banswara in Regular Criminal Case No.464/2019 (CIS No.383/2019) (Yogesh Vs. Kanti Lal) vide order dated 10.08.2021 as affirmed by the learned Sessions Judge, Banswara vide order dated 24.03.2022 in Criminal Appeal No.82/2021 against the petitioner-applicant Kanti Lal S/o Shri Panna Lal, shall remain suspended, till final disposal of the aforesaid revision and he shall be released on bail, provided the petitioner deposits 50% of the cheque amount before the learned trial Court which shall be disbu

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