Allowed

Surajmal v. State of Rajasthan through Pp

Rajasthan HC26 Oct 2016SOSR/505/2016

Case brief

AI extract

What is this about?

This court allowed an application for suspension of sentence filed by a convicted petitioner confined in jail. The execution of the sentence from the trial court and appellate court judgment is suspended during the pendency of the revision petition contingent upon furnishing a personal bond and two sureties.

What did the court decide?

Execution of sentence suspended during pendency of revision petition subject to furnishing personal bond of Rs. 2,00,000 and two sureties of Rs. 1,00,000 each.

Surajmal Vs State of Rajasthan through Pp — Criminal Trial and Appeal | Rajasthan HC (2016)

¶1

¶2

SB Criminal Misc. Suspension for Sentence Application No. 505/2016

¶3

¶4

SB Criminal Revision Petition No.1725/2016

¶5

Surajmal S/o Bajrang Lal, by caste Chipa, resident of Chipon Ka Mohalla, Newai, District Tonk (Raj.)

¶6

(At present confined in District Jail, Tonk)

¶7

Versus

¶8

State of Rajasthan through PP

¶9

...Respondent Date of Order :: 26^th October, 2016

¶10

HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

¶11

Mr. Praveen Kumar Jain, counsel for the petitioner Mr. Rishi Raj Singh PP for the State

¶12

This application for suspension for sentence

¶13

has been filed by the petitioner(s) under Section 397 readwith 401 CrPC along-with the revision petition.

¶14

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 of sentence application should be allowed and execution

¶15

¶16

of sentence awarded to the petitioner(s) should be suspended during the pendency of the revision petition.

¶17

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) Surajmal S/o Bajrang Lal, by the trial court vide judgment dated 23.1.2010 passed in Cr. Case No. 34/98 and affirmed by the appellate court vide judgment dated 29.9.2016 passed in Criminal Appeal No. 15/2011, 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.

¶18

(Mahesh Chandra Sharma) J.

¶19

Surajmal v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Surajmal v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Allanoor @ Shahjaad Vs State of Rajasthan through Pp

Mukesh Kumar Vs State of Rajasthan through Pp

Jwala Singh Vs State of Rajasthan through Pp

Mukesh Vs State of Rajasthan through Pp

Kishan Singh Vs State of Rajasthan through Pp

Bulad Singh @ Rotash Vs State of Rajasthan through Pp