Dharamveer vs State Of Rajasthan

This criminal misc suspension of sentence application has 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 Court Rules wherein it has been mentioned that

the applicant - Dharamveer is confined in jail since his initial date of arrest.

Learned counsel for the applicant submits that the sentence of co-accused Padam Singh S/o Ramswaroop has already been suspended by the Co-

ordinate Bench of this Court vide order dated 4.2.2020 in D.B. Criminal Misc. SOS (Bail) Application No.45/2020 and case of the present applicant is

on similar footings to that of co-accused. Victim in the statement under Section 164 Cr.P.C. has not levelled specific allegation with regard to

commission of rape. Counsel further submits that the hearing of the criminal appeal may take long time, hence, the sentence awarded to the applicant

may be suspended during the pendency of the criminal appeal and he be released on bail.

Learned Public Prosecutor has opposed the application. Having heard the learned counsel for the parties and carefully scanned the entire material

available on record, this suspension of sentence application is allowed on the ground of parity and it is ordered that execution of sentence awarded to

the applicant - Dharamveer son of Kiran Lal shall remain suspended during the pendency of the criminal appeal and he be released on bail provided he

furnishes a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial court with the stipulation

that he shall appear before this Court on 31.8.2020 and thereafter as and when called upon to do so.