Allowed

Janak Singh v. State of Rajasthan through Pp

Rajasthan HC26 Oct 2016SOSR/458/2016

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What is this about?

In an application for suspension of sentence filed under Section 397 read with 401 CrPC, the High Court allowed the execution of the sentence awarded to the petitioner to remain suspended during the pendency of his revision petition, subject to furnishing a personal bond and two sureties.

What did the court decide?

Execution of sentence shall be suspended during the pendency of the revision petition upon furnishing a personal bond of Rs. 2,00,000/- and two sureties of Rs. 1,00,000/- each.

Janak Singh 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. 458/2016

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SB Criminal Revision Petition No. 1606/2016

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Janak Singh son of Shrawan Singh, by caste Rajput, aged 43 years, resident of Garh Binjari, Police Station Rajgarh, District Alwar (presently lodged in the Sub Jail, Bandikui, District Dausa)

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...Petitioner/Accused

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Versus

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State of Rajasthan through the Public Prosecutor

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...Respondent

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Date of Order :: 26^th October, 2016

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Ashvin Garg, 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

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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) Janak Singh S/o Shrawan Singh, by the trial court vide judgment dated 30.10.2014 passed in Cr. Case No. 287/2003 and affirmed by the appellate court vide judgment dated 6.9.2016 passed in Criminal Appeal No. 83/2014, 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 28^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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Janak Singh v. State of Rajasthan through Pp

Case brief

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Janak Singh v. State of Rajasthan through Pp

Case brief

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