S.B. Criminal Misc. [SOS] Application No.125/2012 v. State of Rajasthan

HON'BLE MR. JUSTICE S.S. KOTHARI Mr. Pankaj Gupta, for accused-petitioner Mr. Laxman Meena, P.P., for the State *** Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State and perused the material available on record. Learned Counsel for the petitioner submits that the accused-petitioner was on bail during trial and pendency of the appeal before the appellate court. He has not misused the liberty granted to him. Final hearing of the appeal is likely to take its own time, hence, sentence awarded to the accused-petitioner be suspended during pendency of the revision petition. Learned Public Prosecutor has opposed the application for suspension of sentence. Keeping in view the submissions made by the learned counsel for the parties and after perusing the judgments rendered by both the courts below, this Court is of the opinion that sentence deserves to be suspended in the instant case. S.B. Criminal Misc. [SOS] Application No.125/2012 [2] Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to the accused-petitioner namely; Manohar Ahmed @ Munna S/o Shri Husain Khan in Criminal Case No.468/96 (BT No.37/98) shall remain suspended during pendency of criminal revision petition and he be released on bail provided he furnishes a personal bond of the sum of Rs.30,000/- [Rupees Thirty thousand only] with two surety bonds each in the sum of Rs.15,000/- [Rupees Fifteen thousand only] to the satisfaction of the learned trial Court with the stipulation that he shall appear before this Court on 06.07.2012 and as and when called upon to do so during pendency of the criminal revision petition. Accordingly, the application for suspension of sentence stands disposed of. [S.S. KOTHARI], J. FRBOHRA/125SOSAPPL2012 8-5.doc Certificate: “All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.” FATEH RAJ BOHRA, P.A.