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2025 DAILYLAW 7935 (RAJ)

VIRENDRA KUMAR SON OF SHRI RAMSAGAR v. STATE OF RAJASTHAN

SOSA/390/2025 · 2025-04-01

Inderjeet Singh, Mukesh Rajpurohit

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:14548-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 390/2025 In D.B. Criminal Appeal No.85/2025 Virendra Kumar Son Of Shri Ramsagar, Resident Of Mahnipur Po- lice Station Ghatampur District Kanpur Uttar Pradesh (At Present Appellant Confined In Sub Jail Bandikui District Dausa) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Anil Kumar Tailor with Mr. Manish Yadav For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Vivek Sharma, Addl.G.A. Mr. Aman Kumar HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE MUKESH RAJPUROHIT Order 01/04/2025 1. This suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Learned counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been convicted for the offence under Section 201 of Indian Penal Code, 1860. 3. Learned counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the accused-applicant was on bail during trial and [2025:RJ-JP:14548-DB] (2 of 3) [SOSA-390/2025] at present, he is in judicial custody and confined in Sub Jail, Bandikui, District Dausa. He further submits that the accused-applicant has been falsely implicated in this matter and he is owner of the vehicle, which was used by the co-accused at the time of committing offence. He further submits that the appeal is not likely to be heard in near future and prayed that sentence awarded to the accused-applicant may be suspended and he be released on bail during the pendency of the appeal. 4. Learned Government Advocate-cum-Additional Government Advocate has opposed the application for suspension of sentence. 5. We have heard learned counsel for the parties and perused the record. 6. Considering the arguments advanced by the learned counsel for the parties and taking into account the facts and circumstances of the present case and also considering the sentence of applicant and also considering the fact that the accused-applicant was on bail during trial and hearing of appeal may take long time, without expressing any opinion on merits of the case, we deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 7. In that view of the matter, this criminal miscellaneous sus- pension of sentence application is allowed and it is ordered that execution of sentence awarded to the accused-applicant shall re- main suspended during the pendency of the criminal appeal and the accused-applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 05.05.2025 and thereafter as and when called upon to do so. [2025:RJ-JP:14548-DB] (3 of 3) [SOSA-390/2025] 8. Office is directed to send a copy of this order to the con- cerned trial Court through e-mail/fax for necessary compliance. (MUKESH RAJPUROHIT),J (INDERJEET SINGH),J Upendra Pratap Singh /20