Allowed

Devendra v. State of Rajasthan through Pp

Rajasthan HC24 Oct 2016SOSR/396/2016

Case brief

AI extract

What is this about?

This court allowed the petition for suspension of sentence during the pendency of a criminal revision petition. The petitioner, a convicted person currently in custody but on bail during trial and appeal, was granted relief subject to furnishing a personal bond of Rs. 2,00,000 and two sureties of Rs. 1,00,000 each.

What did the court decide?

Execution of sentence awarded by trial court and affirmed by appellate court suspended during pendency of revision petition.

Devendra Vs State of Rajasthan through Pp — Civil Procedure and Limitation | Rajasthan HC (2016)

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SB Criminal Misc. Suspension for Sentence Application No.396/2016

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SB Criminal Revision Petition No. 1400/2016

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Devendra So of Mahadaram, by caste Jat, resident of Sanvolda Ladkhani, Police Station Sadar, Sikar District Sikar (Raj.)

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...Accused petitioner

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Versus

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State of Rajasthan through PP

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...Respondent

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

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This application for suspension for sentence 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) 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

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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) Devendra S/o Mahadaram, by the trial court vide judgment dated 10.8.2015 passed in Cr. Case No. 1022/2014 and affirmed by the appellate court vide judgment dated 23.8.2016 passed in Criminal Appeal No. 40/2016, 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 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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Devendra v. State of Rajasthan through Pp

Case brief

What is this about?

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Devendra v. State of Rajasthan through Pp

Case brief

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