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2021 DIGILAW 1969 (RAJ)

Roopa @ Roop Singh v. State of Rajasthan

2021-10-18

CHANDRA KUMAR SONGARA

body2021
JUDGMENT Chandra Kumar Songara, J. - This application for suspension of sentence has been preferred on behalf of the applicant/appellant under Section 389 of Cr.P.C. to suspend the sentence awarded by Learned Special Judge, SC/ST (POA) Act Cases, Karauli(Raj.) vide its judgment dated 28.09.2021 in Sessions Case No.59/2014 (CIS No. 3190/2014). 2. Learned counsel appearing for the applicant/appellant submits that the applicant/appellant was on bail during trial and his sentence has already been suspended by the learned trial court after judgment and order of conviction. Looking to the pendency of the appeals before this court, hearing of the appeal will take considerable time. Hence, sentence awarded to the applicant/appellant may be suspended during pendency of the appeal. 3. On the other hand, learned Public Prosecutor appearing for the State, has opposed the application for suspension of sentence. 4. Heard learned counsel appearing for the applicant/appellant as well as learned Public Prosecutor and perused the material made available on record. 5. Considering the submissions made by learned counsel appearing for the applicant/appellant and overall facts and circumstances of the case; but without expressing any opinion on the merits and demerits of the case, this court deems it just and proper to suspend the sentence awarded to the applicant/appellant. 6. Accordingly, the application for suspension of sentence is allowed and it is ordered that execution of the sentence awarded by the trial court to the applicant/appellant, namely Roopa @ Roop Singh S/o Ramkhiladi Gurjar shall remain suspended during the pendency of appeal; provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation that he shall appear before this Court on 18.11.2021 thereafter as and when called upon to do so.