Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2114/2024 Sheeshram S/o Bholaram ----Petitioner Versus State Of Rajasthan ----Respondent Connected With S.B. Criminal Appeal (Sb) No. 2660/2024 Parmeshwar S/o Jamnaram ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Criminal Appeal (Sb) No. 2661/2024 Nand Kumar S/o Bholaram ----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : Mr. Majhar Hussain, Adv. For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order 28/01/2025 S.B. Criminal Appeal (Sb) Nos.3062/2024, 2660/2024 & 2661/2024:- Heard. Admit.
(2 of 3) [SOSA-2114/2024] Put up in due course. S.B. Suspension of Sentence Application No.2114/2024:- Heard learned counsel for the parties on the application filed for suspension of sentence and perused the entire material available on record.
Learned counsel for the accused-applicant submits that there is no reliable and legally acceptable evidence to hold the accused-applicant guilty for the alleged offence(s) and there is every likelihood of succeeding in the criminal appeal.
Learned counsel also submits that co-accused have already been given a benefit of suspension of sentence. Learned counsel further submits that applicant was on bail during trial and he is presently confined in judicial custody. He further submits that as final hearing of the appeal is likely to take time thus sentence of the accused-applicant may be suspended. Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence. I have considered the submissions made by
learned counsel for the parties.
(3 of 3) [SOSA-2114/2024] Without commenting upon the merits/demerits of the case and considering the arguments advanced by the parties, this Court deems it just and proper to suspend the sentence awarded to the applicant. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court to the accused-applicant namely, Sheeshram S/o Bholaram in Sessions Case No.06/2021 (CIS No.07/2021) shall remain suspended during pendency of the appeal and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation that he shall appear before this court on 28th February, 2025 and thereafter as and when called upon to do so.
(UMA SHANKER VYAS),J GAURAV SHARMA /33-34-35