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[SOSA 343/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Misc. Suspension of Sentence Application

No.343/2021

IN

S.B. Criminal Appeal No. 528/2021

Kishan Lal Son Of Bajrang Lal, R/o Village Radi, Police Station K

Patan, District Bundi (Raj) (At Present In District Jail, Bundi )

----Appellant

Versus

State Of Rajasthan, Through P.p

----Respondent

For Appellant(s)

:

Mr. Nitin Kumar Sharma, through V.C.

For Respondent(s)

:

Mr. S.S. Ola, PP

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

03/05/2021

1.

This suspension of sentence application has been filed by the

appellant alongwith the appeal.

2.

Counsel for the appellant has annexed the certificate under

Rule 311 (3) of the Rajasthan High Court Rules to the effect that

during the trial, the appellant was on bail and the sentence of ten

years has been awarded to the appellant for the offence under

Section 376 of IPC. Counsel further submits that after conviction,

the appellant is in custody since 04.03.2021 and the F.I.R. has

been lodged after a delay of 17 days. Counsel further submits that

hearing of the appeal may take long time, hence, the sentence

awarded to the appellant may be suspended during the pendency

of the appeal and he be released on bail.

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[SOSA 343/2021]

3..

Learned Public Prosecutor has opposed the application for

suspension of sentence.

5.

Having perused the record and considering the statement of

PW-1 recorded during trial, this criminal misc. suspension of

sentence application is allowed and it is ordered that execution of

sentence awarded to the appellant shall remain suspended during

the pendency of the criminal appeal and the appellant be admitted

to bail subject to satisfaction of the trial Court with the stipulation

that he shall appear before this Court on 12.07.2021 and

thereafter as and when called upon to do so. Office is directed to

send a copy of this order to the concerned trial Court through e-

mail/fax, for necessary compliance.

(INDERJEET SINGH),J

CHETNA BEHRANI /79(SOSA)