Allowed

Bhanwar Lal v. State

Rajasthan HC3 Feb 2014CRLRB/10/2014

Case brief

AI extract

What is this about?

This order grants a bail application filed under Section 389 Cr.P.C. to suspend the sentence of an appellant convicted under Sections 279 and 304-A IPC pending disposal of a criminal revision petition, directing release upon execution of a bond.

What did the court decide?

The sentence passed by the lower courts was suspended pending disposal of the revision petition, and the appellant was released on bail subject to a personal bond of Rs. 40,000/- and two sureties of R

Bhanwar Lal Vs State — Bail and Remand | Rajasthan HC (2014)

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S.B. CRIMINAL MISC. BAIL (SUSPENSION OF SENTENCE) APPLICATION NO. 10/2014 IN

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S.B. CRIMINAL REVISION PETITION NO. 32/2014

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Bhanwar Lal Vs. State of Rajasthan

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DATE OF ORDER : 03.02.2014

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HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Mr. Rajendra Charan, for the petitioner. Mr. K.K. Rawal, Public Prosecutor.

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Learned counsel for the petitioner-accused has submitted that the construction work was going on and petitioner being driver of the Truck reversed the Truck and all of a sudden, the child came behind the Truck. Therefore, there was no rash and negligent act of the petitioner-accused and both the courts below have wrongly convicted the petitioner and the revision petition will take time for final disposal. Therefore, he prays that till disposal of revision petition sentence awarded by the learned trial court and confirmed by the learned appellate court may be suspended.

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Learned Public prosecutor opposed the application for suspension of sentence in general.

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I have considered the submission made by learned counsel and the learned Public Prosecutor.

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The petitioner was convicted and sentenced for the offence punishable under Section 279 and 304-A Indian Penal Code and is in custody since 21.12.2013. Therefore considering the submission made by learned counsel and without going into the merits and demerits of the case, I deem it appropriate to suspend the sentence of the petitioneraccused.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. Is allowed and it is ordered that the sentences passed by the learned Judicial Magistrate No.3, Bhilwara vide judgment dated 05.08.2013 in

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Criminal case No. 87/2000 which was reduced by learned Addl. Sessions Judge, No.3 Bhilwara in Criminal Appeal No. 39/2013 (243/13) vide judgment dated 21.12.2013 against the appellant-applicant Bhanwar Lal S/o Gulab, by caste Bheel, R/o Laxmipura, P.S. Pratapnagar, District Bhilwara (Raj.) Shall remain suspended till final disposal of the aforesaid revision and he shall be released on bail, provided he executes a personal bond in the sum of Rs. 40,000/- with two sureties of Rs. 20,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 20.03.2014 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial court.

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The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. case related to original case in which the accused-appellant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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[BANWARI LAL SHARMA], J.

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Ramesh/209

Bhanwar Lal v. State

Case brief

What is this about?

What did the court decide?

Bhanwar Lal v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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