Allowed

Sharif @ Appu and Anr. v. State of Rajasthan through Pp

Rajasthan HC13 Dec 2016SOSR/355/2016

Case brief

AI extract

What is this about?

The High Court allowed a suspension of sentence application filed by two accused persons under Section 389 CrPC. The execution of their sentences is suspended during the pendency of the revision petition subject to furnishing a personal bond and two sureties.

What did the court decide?

Suspension of sentence executed by the Judicial Magistrate and Special Judge during the pendency of the revision petition.

Sharif @ Appu and Anr. Vs State of Rajasthan… — Criminal Trial and Appeal | Rajasthan HC (2016)

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SB Criminal Misc. Suspension of Sentence Application No. 355/2016

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SB Criminal Revision Petition No. 1243/2016 (Sharif @ Appu @ Anr. Versus State of Rajasthan)

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Date of Order :: 13^th December, 2016

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Rohan Jain, counsel for the accused applicants Mr. Mahendra Sharma Mr. N.S. Shekhawat, P.P. for the State

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This application for suspension of sentence has been filed by the applicants under Section 389 CrPC.

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Learned counsel for the applicant has contended that during trial as well as during the pendency of appeal the applicants were on bail. Presently, the accused applicants are confined in Jail. He has annexed the certificate under Rule 311 of Rajasthan High Court Rules, 1952 to this effect. He has prayed that this suspension of sentence application of the applicant should be allowed and sentence of the applicants should be suspended during the pendency of the revision petition.

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Learned Public Prosecutor has opposed same.

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Having heard the learned counsel appearing for the respective parties and carefully scanned the entire material available on record, this suspension of sentence application filed by the applicants is allowed and it is ordered that execution of sentence awarded to accused applicants (1) Sharif @ Appu S/o Shri Shakoor Bhai; and (2) Sabbu @ Nana S/o Abdul Rauf by Judicial Magistrate, Ist class, Baran, District Baran in Criminal Case No.

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176/2009 and affirmed by Special Judge, SC/ST (POA) Cases, Baran vide his judgment dated 1.8.2016 shall remain suspended during the pendency of the revision petition, provided each of them furnishes 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 they shall appear before this Court on 13^th January, 2017 and thereafter as and when called upon to do so.

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(Mahesh Chandra Sharma) J.

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All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed.

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Dilip Khandelwal

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Sharif @ Appu and Anr. v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Sharif @ Appu and Anr. 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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