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Rajasthan High Court - Jaipur

Tej Singh vs State Of Rajasthan Through Pp on 25 October, 2016

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SB Criminal Misc. Suspension for Sentence Application No.
                       495/2016
                            in
         SB Criminal Revision Petition No.1709/2016
 Tej Singh son of Shri Bhanwar Singh, by caste Rajput,
 aged 50 years, resident of Village Thikariya, Police
 Station Ringus, District Sikar (Raj.)
 (At present in Sub Jail Neem Ka Thana, Sikar)
                                         ....Accused petitioner
                           Versus

 The State of Rajasthan through PP
                                                ...Respondent

 Date of Order               ::          25th October, 2016

  HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

 Mr. Sultan Singh Kuri, counsel for the petitioner

Mr. Rishi Raj Singh PP for the State This application for suspension for sentence has been filed by the petitioner(s) under Section 397 readwith 401 CrPC along-with the revision petition.

Learned counsel for the petitioner(s) has contended that the accused petitioner(s) is/are behind the bars . He has further contended that accused petitioner(s) was/were on bail during trial as well as during the pendency of appeal. He has annexed the Certificate under Rule 311 (3) of High Court Rules to this effect and has prayed that in this view of the matter, this suspension of sentence application should be allowed and execution 2 of sentence awarded to the petitioner(s) should be suspended during the pendency of the revision petition.

Learned Public Prosecutor has opposed same. Having heard the learned counsel appearing for the respective parties and carefully perused the entire material available on record, this suspension of sentence application is allowed and it is ordered that execution of sentence awarded to accused petitioner(s) Tej Singh S/o Shri Bhanwar Singh, by the trial court vide judgment dated 6.4.2013 passed in Cr. Case No. 329/2011 and affirmed by the appellate court vide judgment dated 31.8.2016 passed in Criminal Appeal No. 19/2013, shall remain suspended during the pendency of the revision petition, provided he/she/they furnish(es) a personal bond of Rs. 2,00,000/- (Rs. Two Lakh) together with two sureties of Rs. 1,00,000/- (Rs. One Lakh) each, to the satisfaction of the learned trial court with the stipulation that he/she/they shall appear before this Court on 25th November, 2016 and thereafter as and when called upon to do so.

(Mahesh Chandra Sharma) J.

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