Allowed

Motilal v. State of Rajasthan through Pp

Rajasthan HC25 Oct 2016SOSR/457/2016

Case brief

AI extract

What is this about?

The High Court allowed a suspension of sentence application filed under CrPC Sections 397 and 401. The execution of the sentence awarded in the trial court and affirmed by the appellate court is suspended during the pendency of the revision petition, subject to the furnishing of a bond and sureties.

What did the court decide?

The execution of sentence is suspended during the pendency of the revision petition, conditioned upon furnishing a bond of Rs. 2,00,000/- with two sureties of Rs. 1,00,000/- each.

Motilal 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. 457/2016

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SB Criminal Revision Petition No.1604/2016

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Motilal S/o Shri Shivduttram Patwari, aged 76 years, by caste Mahajan, R/o Basawa, Tehsil Nawalgarh, District Jhunjhunu Rajasthan (At present confined in District Jail, Jhunjhunu)

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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 :: 25^th October, 2016

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Nirmal Kumar Goyal, 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 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) Motilal S/o Shri Shivdutt Ram Patwari, by the trial court vide judgment dated 29.10.2013 passed in Cr. Case No. 01/1997 and affirmed by the appellate court vide judgment dated 16.9.2016 passed in Criminal Appeal No. 106/2013, 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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Motilal v. State of Rajasthan through Pp

Case brief

What is this about?

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Motilal v. State of Rajasthan through Pp

Case brief

What is this about?

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