Allowed

Deep Chand Sharma v. State of Rajasthan through Pp

Rajasthan HC24 Oct 2016SOSR/354/2016

Case brief

AI extract

What is this about?

This court allowed a suspension of sentence application filed by a petitioner under Sections 397 and 401 CrPC alongside a revision petition. The petitioner sought suspension of execution pending appeal.

What did the court decide?

Execution of sentence awarded to the accused petitioner shall remain suspended during the pendency of the revision petition upon furnishing a bond and sureties.

Deep Chand Sharma Vs State of Rajasthan through Pp — Execution and Attachment | Rajasthan HC (2016)

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SB Criminal Misc. Suspension for Sentence Application No. 354/2016

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SB Criminal Revision Petition No.1241/2016

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Deep Chand Sharma, S/o Dwarika Prasad, by caste Brahmin, Resident of Peegora, Police Station Nadbai, District Bharatpur (Raj.) at present Driver – cum – Conductor Vidhyadhar Nagar, Jaipur Rajasthan State Roadways Transport Corporation

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(At present confined in District Jail, Dholpur)

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...Accused petitioner

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Versus

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State of Rajasthan through P.P.

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...Non Petitioner

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Date of Order :: 24^th October, 2016

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Gaurav Gupta) counsel for the petitioner Mr. Pawan Saini ) 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 Section 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)

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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 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) Deep Chand Sharma S/o Dwarika Prasad, by the trial court vide judgment dated 5.11.2012 passed in Cr. Case No. 131/2010 and affirmed by the appellate court vide judgment dated 2.8.2016 passed in Criminal Appeal No. 106/2012, 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

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stipulation that he/she/they shall appear before this Court on 24^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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Deep Chand Sharma v. State of Rajasthan through Pp

Case brief

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Deep Chand Sharma v. State of Rajasthan through Pp

Case brief

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