HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Misc. Suspension of Sentence Application No.

246/2021

in

S.B. Criminal Writ Petition No. 1398/2021

Bhorilal S/o Khanaiyalal, R/o Bhandari Police Station Kolwa Dist.

Dausa Through His Son Kamlesh Kumar Saini S/o Bhorilal Aged

About 31 Years R/o Bhandari Ps Kolwa Dist. Dausa At Present

Confined At Dist. Jail Dausa

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)

:

Mr. Nikhlesh Katara

For Respondent(s)

:

Mr. Ganesh Saini, PP

HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

Order

03/09/2021

1.

This Suspension of Sentence application No. 246/2021 has

been filed under Article 226 of the Constitution of India for

suspension of sentence awarded to the petitioner under Section

279 IPC for six months S.I. and fine of Rs. 1000/- and in default

of payment of fine further one month S.I. and under Section 304A

IPC for one year S.I. and fine of Rs. 2000/- and in default of

payment of fine further six months S.I.

2.

The accused petitioner in Cr. Case. No.73/2010 (16/2007)

arising out of FIR No.854/2006 registered at Police Station

Kotwali, District Dausa, was convicted for the offence under

Sections 279 & 304A IPC and sentenced to undergo six month S.I.

for the offence under Section 279 IPC and imposed a fine of Rs.

1000/- and for offence under Section 304A IPC sentenced to

(2 of 3)

[CRLW-1398/2021]

undergo two years S.I. and fine of Rs. 2000/- and in default of

payment of fine further six month S.I. by the Gram Nyayalya

Dausa, District Dausa vide judgment dated 01.05.2015. He

preferred Cr. Appeal No.57/2017 before the learned District &

Sessions Judge, Dausa which was subsequently transferred to the

court of Special Judge SC/ST (Prevention of Atrocities) Cases,

Dausa who confirmed the conviction for the offence under

Sections 279 & 304A IPC and reduced the sentence as for 279 IPC

six months S.I. and fine of Rs. 1000/- and for 304A IPC one year

S.I. and fine of Rs. 2000/- and in default of payment of fine

further six months S.I. vide its order dated 12.08.2021. Being

aggrieved of the order passed by the appellate court, this writ

petition has been filed along with the application for suspension of

sentence.

3.

Reply to application has not been filed.

4.

Heard learned counsel for the parties and perused the

material made available on record.

5.

Learned counsel for the petitioner submits that the petitioner

has not been named in the FIR and the Investigating Officer has

also not been examined by the prosecution as the witness in the

present matter still without considering the material available on

record the petitioner has been convicted and sentenced. Thus,

operation of order sentencing the petitioner deserves to be

suspended and the application for suspension of sentence

deserves to be allowed.

6.

Learned Public Prosecutor has submitted the custody

certificate which be taken on record and has vehemently opposed

the application for suspension of sentence.

(3 of 3)

[CRLW-1398/2021]

7.

Issues raised on behalf of the accused-petitioner deserve

consideration. Therefore, without expressing any opinion on

merits, the application is allowed, the sentence imposed upon the

petitioner is suspended and it is directed that the accused

petitioner Bhorilal S/o Khanaiyalal be released on bail provided he

furnishes personal bond in the sum of Rs.1,00,000/- (Rs.One lac)

together with two sureties of the sum of Rs.50,000/- (Rs.Fifty

Thousand) each to the satisfaction of the learned trial court with

the stipulation that he shall appear before this court on

04.10.2021 and on all subsequent dates of hearing and as and

when he is called upon to do so.

(SATISH KUMAR SHARMA),J

SAHIL SONI /19