Rajasthan High Court
SOSA/2125/2019 of KANHIYALAL S/O SHRI RAMBABU BY CASTE KOLI Vs STATE OF RAJASTHAN on 20 December 2019
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. S.O.S. Application No. 2125/2019 in S.B. Criminal Appeal No. 2988/2019 Kanhiyalal S/o Shri Rambabu, By Caste Koli, Aged About 36 Years, R/o Behind Chaman Hotel, Near Masjid, Nayapura Kota, Of The Time Daily Wages Earner At The Office
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. S.O.S. Application No. 2125/2019in S.B. Criminal Appeal No. 2988/2019
Kanhiyalal S/o Shri Rambabu, By Caste Koli, Aged About 36Years, R/o Behind Chaman Hotel, Near Masjid, Nayapura Kota,Of The Time Daily Wages Earner At The Office Of A.e.n., JaipurVidhuyat Vitaran Nigam Ltd., Circle -Bii, Kotri Gordhanpura Kota(Raj.)
----Appellant
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Appellant(s) : Mr. Sunil Kumar Jain forMr. Dinesh Singh For Respondent(s): Mr. Bhawani Shankar Sharma, PP
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
20/12/2019
Order
This criminal misc suspension of sentence applicationhas been filed by the applicant along with the criminal appeal.
Counsel for the applicant along with appeal has annexed certificate under Rule 311(3) Rajasthan High CourtOrdinance wherein it has been mentioned that the applicant wason bail during the course of trial, he never misused the liberty ofbail granted to himandsentence of the applicant has already beensuspended by the trial Court for one month. Counsel furthersubmits that the hearing of the criminal appeal may take longtime, hence, the sentence awarded to the applicant may be suspended during the pendency of the criminal appeal and he bereleased on bail.
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Learned Public Prosecutor has opposed the application.Having heard the learned counsel for the parties andcarefully scanned the entire material available on record, thissuspension of sentence application is allowed and it is ordered thatexecution of sentence awarded to the applicant Kanhiyalal S/oShri Rambabu,shall remain suspendedduring the pendency ofthe criminal appeal and he be released on bail provided hefurnishes a personal bond of Rs.50,000/- together with twosureties of Rs.25,000/- each, to the satisfaction of the learnedtrial court with the stipulation that he shall appear before thisCourt on 21/01/2020 and thereafter as and when called upon todo so.
(GOVERDHAN BARDHAR),J
ashu /75
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