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HIGH COURT OF JUDICATURE FOR RAJASTHAN
UMA SHANKER VYAS
SHYAM SUNDER S/O RAMESH CHAND – Appellant
Versus
STATE OF RAJASTHAN – Respondent
SOSR/367/2021
An applicant who has been convicted and sentenced to imprisonment may be entitled to suspension of sentence during the pendency of an appeal or revision petition.
Headnote:
CRIMINAL LAW - SUSPENSION OF SENTENCE - [Section 389 CrPC] - Applicant convicted under various sections of IPC and sentenced to imprisonment - Applicant filed an appeal which was dismissed by the appellate court - Applicant filed a revision petition and sought suspension of sentence - Court allowed the application and suspended the sentence subject to furnishing of bail bond and sureties - Court directed the applicant to appear before the court on a specified date and thereafter as and when called upon.
Fact of the Case:
The applicant was convicted by the trial court for offences under Sections 338, 279, 337, and 304A of the IPC and sentenced to imprisonment. The applicant filed an appeal, which was dismissed by the appellate court. The applicant then filed a revision petition and sought suspension of sentence.
Finding of the Court:
The court allowed the application and suspended the sentence subject to furnishing of bail bond and sureties. The court directed the applicant to appear before the court on a specified date and thereafter as and when called upon.
Issues: Whether the applicant was entitled to suspension of sentence during the pendency of the revision petition.
Ratio Decidendi: The court considered the fact that the applicant was on bail during the trial and had been in jail for a long time. The court also considered the fact that the disposal of the revision petition was likely to take a long time. The court held that the applicant was entitled to suspension of sentence during the pendency of the revision petition.
Final Decision: The court allowed the application and suspended the sentence subject to furnishing of bail bond and sureties. The court directed the applicant to appear before the court on a specified date and thereafter as and when called upon.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.367/2021
In
S.B. Criminal Revision Petition No. 1405/2021
Shyam Sunder S/o Ramesh Chand, Aged About 50 Years, R/o
Lalsot Gangapur Road, Police Station Lalsot, Distt. Dausa (Raj)
(Presently Confined In Jail At Bundi)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s)
:
Mr. SL Kumawat
For Respondent(s)
:
Mr. Imran Khan, PP
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
03/01/2022
This suspension of sentence application has been filed by the
applicant seeking suspension of his sentence.
Learned counsel for the applicant has contended that the
applicant was convicted by the Trial Court vide its judgment dated
29.03.2014 for the offence under Section(s) 338, 279, 337, 304A
of IPC and sentenced as under:-
For offence under Section 338 IPC – simple imprisonment of one
year with fine of Rs.500/-; in default of payment of fine, to further
undergo simple imprisonment of two months’.
For offence under Section 279 IPC – simple imprisonment of three
months with fine of Rs.200/-; in default of payment of fine, to
further undergo simple imprisonment of one month.
(2 of 3)
SOSR-367/2021
For offence under Section 304A IPC – simple imprisonment of two
years’ with fine of Rs.500/-; in default of payment of fine, to
further undergo simple imprisonment of two months’.
For offence under Section 337 IPC: simple imprisonment of three
months’ with fine of Rs.200/-; in default of payment of fine, to
further undergo simple imprisonment of one month.
The appellant-applicant thereafter filed an appeal, but the
appellate Court vide its judgment dated 08.12.2021 dismissed the
appeal and affirmed the judgment passed by the Trial Court while
acquitting him for the offence under Section 338 of the IPC.
Learned counsel further submits that the accused applicant
was on bail during trial and he is behind bars since long. The
disposal of the revision is likely to take long time. He has prayed
that 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 Shyam Sunder S/o
Ramesh Chand 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
(3 of 3)
SOSR-367/2021
this Court on 3 February, 2022 and thereafter as and when called
upon to do so.
(UMA SHANKER VYAS),J
CHHAYA AWASTHI /32
