Allowed

Allanoor @ Shahjaad v. State of Rajasthan through Pp

Rajasthan HC25 Oct 2016SOSR/253/2016

Case brief

AI extract

What is this about?

Allowed suspension for sentence application filed by a petitioner on bail during trial and appeal, ordering execution of sentence to remain suspended pending revision petition upon furnishing bond and sureties.

What did the court decide?

Execution of sentence awarded by trial and appellate courts suspended pending revision petition; petitioner to furnish personal bond of Rs. 2 lakhs with two sureties of Rs. 1 lakh each.

Allanoor @ Shahjaad Vs State of Rajasthan… — Criminal Trial and Appeal | Rajasthan HC (2016)

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SB Criminal Misc. Suspension for Sentence Application No. 253/2016

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SB Criminal Revision Petition No.920/2016

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Allanoor @ Shahjaad son of Babu Khan, by caste Musalmaan, Resident of Purani Sarai, Old city, P.S. Kotwali, District Dholpur (Raj.)

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Versus

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State of Rajasthan through Public Prosecutor

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...State/Respondent Date of Order :: 25^th October, 2016

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Manoj Avasthi, counsel for the petitioner Mr. Rishi Raj Singh PP for the State

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This application for suspension for sentence

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has been filed by the petitioner(s) under Section 397 readwith 401 CrPC along-with the revision petition.

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Learned counsel for the petitioner(s) has contended that the accused petitioner(s) is/are behind the bars . He has further contended that accused petitioner(s) was/were on bail during trial as well as during the pendency of appeal. He has annexed the Certificate under Rule 311 (3) of High Court Rules to this effect and has prayed that in this view of the matter, this suspension of sentence application should be allowed and execution

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of sentence awarded to the petitioner(s) should be suspended during the pendency of the revision petition.

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Learned Public Prosecutor has opposed same. Having heard the learned counsel appearing for the respective parties and carefully perused the entire material available on record, this suspension of sentence application is allowed and it is ordered that execution of sentence awarded to accused petitioner(s) Allanoor @ Shahjaad S/o Babu Khan, by the trial court vide judgment dated 21.7.2015 passed in Regular Cr. Case No. 142/2013 and affirmed by the appellate court vide judgment dated 30.6.2016 passed in Criminal Appeal No. 56/2015, shall remain suspended during the pendency of the revision petition, provided he/she/they furnish(es) a personal bond of Rs. 2,00,000/- (Rs. Two Lakh) together with two sureties of Rs. 1,00,000/- (Rs. One Lakh) each, to the satisfaction of the learned trial court with the stipulation that he/she/they shall appear before this Court on 25^th November, 2016 and thereafter as and when called upon to do so.

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(Mahesh Chandra Sharma) J.

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Allanoor @ Shahjaad v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Allanoor @ Shahjaad v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

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