Rajasthan High Court - Jaipur
Sompal @ Chhotu S/O Shri Jasvir vs State Of Rajasthan on 11 December, 2020
Bench: Sabina, Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Suspension of Sentence Application
No.1090/2020
In
D.B. Criminal Appeal No. 286/2019
1. Sompal @ Chhotu S/o Shri Jasvir R/o Salakhera, Police
Station Bawri, Distt. Mujafar Nagar U.P. (Presently Lodged
In Central Jail At Bharatpur)
----Applicant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Applicant(s) : Mr. Suresh Kumar Sahni, Advocate (through video conferencing) For Respondent(s) : Mr. Sanjay Mehla, Advocate for complainant (through video conferencing) Mr. Javed Chaudhary, Assistant Government Advocate HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order 11/12/2020 Learned counsel for the applicant has submitted that the application moved by the similarly situated co-convict, Arvind @ Guddu @ Bholu was dismissed by this Court. However, Hon'ble Supreme Court vide order dated 24.02.2020 has suspended the sentence of co-convict, Arvind @ Guddu @ Bholu in view of his custody period. So far as, co-convict, Arvind @ Guddu @ Bholu is concerned, at the time of suspension of his sentence, he had been in jail for over eight years. Applicant has also undergone more (Downloaded on 18/12/2020 at 09:07:31 PM) (2 of 2) [SOSA-1090/2020] than eight years of sentence as the applicant is in custody since 28.04.2012.
Learned State counsel who is assisted by learned counsel for the complainant has opposed the application.
Since, sentence of the similarly situated co-convict has been suspended by the Hon'ble Supreme Court on the ground of parity, and without expressing any opinion on merits of the case, the application is allowed. Sentence of the applicant shall remain suspended during pendency of the appeal. Applicant be admitted to bail subject to satisfaction of the trial Court. (CHANDRA KUMAR SONGARA),J (SABINA),J Ashish Kumar /8 (Downloaded on 18/12/2020 at 09:07:31 PM) Powered by TCPDF (www.tcpdf.org)