S. K. Sairam vs. The State Of Rajasthan Through Sho

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2023 (@ Special Leave Petition (Crl.) No. 5078/2023)

Digitally signed by Neetu Sachdeva Date: 2023.05.08 16:26:54 IST Reason:

S.K. SAIRAM ...APPELLANT(S)

VERSUS

THE STATE OF RAJASTHAN THROUGH SHO ...RESPONDENT(S)

O R D E R

Leave granted.

Feeling aggrieved and dissatisfied with the impugned judgment and order dated 13-01-2023 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur in S.B.Crl. Misc. II SOS Application No. 17/2023, by which while admitting the S.B. Crl. Revision Petition No.1548/2022, the High Court has refused to suspend the sentence for which he has been convicted, the original accused/revisionist has preferred the present appeal.

Having heard learned counsel appearing on behalf of the respective parties and considering the fact that the appellant has been convicted for the offence under Section 54-A of the Rajasthan Excise Act and sentenced to undergo three years R.I, out of which he has already undergone five months R.I. and the revision application is not likely to be heard finally in the near future, we set aside the impugned order passed by the High Court Signature Not Verified

contd..

refusing to suspend the sentence during the pendency of the revision application. We suspend the sentence imposed by the learned Trial Court and affirmed by the First Appellate Court. The revision application is ordered to be expedited.

The present Appeal is accordingly allowed to the aforesaid extent.

………………………………………J. [M.R. SHAH]

.................... J. (AHSANUDDIN AMANULLAH)

New Delhi; May 01, 2023. ITEM NO.55 COURT NO.4 SECTION II

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 5078/2023

(Arising out of impugned final judgment and order dated 13-01-2023 in SBCRMSSOSA No. 17/2023 passed by the High Court Of Judicature for Rajasthan at Jaipur)

S.K. SAIRAM Petitioner(s)

VERSUS

THE STATE OF RAJASTHAN THROUGH SHO Respondent(s) (FOR ADMISSION and I.R. and IA No.81903/2023-EXEMPTION FROM FILING O.T. ) Date : 01-05-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Rajive Maini, Adv. Ms. Shriya Maini, AOR For Respondent(s) Dr. Manish Singhvi, Sr. Adv. Shubhangi Agarwal, Adv. Milind Kumar, AOR UPON hearing the counsel the Court made the following

O R D E R Leave granted.

The appeal is allowed in terms of the signed order.

Pending application(s) shall stand disposed of.

(NEETU SACHDEVA) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file)