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Judgment
21 paragraphs · 324 wordsKuldeep Mathur, J
Call for the record.
Heard learned counsel for the parties on the application for suspension of sentence.
The petitioner has been convicted and sentenced as below vide Judgment dated 27.02.2020 passed by Judicial Magistrate, Pali in Criminal Original Case No. 176/2015 as affirmed by the Sessions Judge, Pali vide Judgment dated 09.06.2022 passed in Criminal Appeal No. 39/2020 :-
Offence
Sentences
Fine
Fine Default sentences
u/s 498-A IPC
1 year SI
Rs.1000/-
1 month additional SI
u/s 323 IPC
6 months SI
Rs.500/-
15 days additional SI
The petitioner has moved this application under Section 397(1) of Cr.P.C. seeking suspension of sentences awarded to him by the trial court and affirmed by the appellate court.
Heard learned counsel for the petitioner, learned public prosecutor and learned counsel for the respondent No. 2 /complainant on the application for suspension of sentence.
Learned Public Prosecutor supported by learned counsel for the respondent No. 2/complainant have opposed application for suspension of sentence.
Upon a consideration of the arguments advanced on behalf of the petitioner and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending substantive sentence awarded to the accused-petitioner.
Accordingly, the application under Section 397(1) of Cr.P.C. for suspension of sentence is allowed and it is ordered that substantive sentence passed by the Judicial Magistrate, Pali vide judgment dated 27.02.2020 in Criminal Original Case No. 176/2015 and affirmed by the Sessions Judge, Pali vide judgment dated 09.06.2022 in Criminal Appeal No. 39/2020 against the accused-petitioner - Jaiprakash S/o Nathulal Sharma shall remain suspended till final disposal of aforesaid revision provided he executes a personal bond in the sum of Rs.50,000/- along with two sureties in the sum of Rs.25,000/-each to the satisfaction of the learned trial Judge for his appearance before this court on 14.07.2022 and whenever ordered to do so till the disposal of the revision petition.