HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Misc. Suspension of Sentence Application

No.291/2021

In

S.B. Criminal Revision Petition No.1096/2021

Maniram S/o Shri Chatra Gurjar, Aged About 30 Years, R/o

Saimra Mafi, Police Station Rudawal, District Bharatpur

( Confined In Sub Jail Bayana District Bharatpur)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Navankur Dubey

For Respondent(s)

:

Mr. Imran Khan, PP

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

10/11/2021

This suspension of sentence application has been filed by the

applicant.

Learned counsel for the applicant has contended that the

applicant was convicted by the Trial Court vide its judgment

dated 07.10.2015 for the offence under Sections 279 & 304A IPC

and sentenced to undergo six months’ SI for offence under

Section 279 IPC and to undergo one year SI for offence under

Section 304A IPC with a fine of Rs.500/-; in default of payment

of fine, to further undergo seven days’ SI. He filed an appeal, but

the appellate Court vide its judgment dated 05.10.2021

dismissed the appeal and affirmed the judgment passed by the

Trial Court.

(2 of 2)

[291SOS2021]

Learned counsel for the applicant further submits that

during the course of trial, the accused-applicant was on bail and

he is presently behind bars. In support of his submissions, he

has annexed the Certificate under Rule 311 of the Rajasthan

High Court Rules. In this view of the matter, this application for

suspension of sentence of the applicant may be allowed and

sentence of the applicant may be suspended during the

pendency of the petition.

Learned Public Prosecutor has opposed same.

Having heard the learned counsel appearing for the

respective parties and carefully scanned the entire material

available on record, this suspension of sentence application filed

by the applicant is allowed and it is ordered that execution of

sentence awarded to accused applicant namely, Maniram S/o

Shri Chatra Gurjar by the Trial Court and affirmed by the

Appellate Court shall remain suspended during the pendency of

the

petition, provided

he

furnishes a personal bond of

Rs.1,00,000/- (Rs. One Lakh) with two sureties of Rs.50,000/-

(Rupees Fifty Thousand) each before the concerned Trial Court to

the satisfaction of the learned trial court with the stipulation that

he shall appear before this Court on 13^th December, 2021 and

thereafter as and when called upon to do so.

(UMA SHANKER VYAS),J

FBOHRA/6-26