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Babulal @ Bablu Vs State of Rajasthan through Pp — Rajasthan HC (2017) — LawSathi Research

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Rajasthan HC
2017
Babulal @ Bablu Vs State of Rajasthan through PpBabulal @ Bablu v. State of Rajasthan through Pp

Allowed

Babulal @ Bablu v. State of Rajasthan through Pp

Rajasthan HC15 Nov 2017SOSA/664/2017

Case brief

AI extract

What is this about?

In an S.B. Criminal Suspension of Sentence application, the High Court of Rajasthan allowed the plea. The court ordered that the appellant's sentence remain suspended upon furnishing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each, conditional on appearance before the Deputy Registrar (Judicial) as called.

What did the court decide?

Sentence awarded in Sessions Case No. 52/2016 (109/2014) suspended pending appearance on bond and sureties before Deputy Registrar (Judicial).

What the court decided

AI extract

Outcome

Sentence awarded in Sessions Case No. 52/2016 (109/2014) suspended pending appearance on bond and sureties before Deputy Registrar (Judicial).

Issue for consideration

Whether the application for suspension of sentence should be allowed given the appellant is a married minor-aged woman's victim's family member and custody duration. +1 more

Detailed headnote1 paragraphs

An application for suspension of sentence was allowed by this Court in S.B. Criminal Appeal No. 494/2017. It was directed that the sentence awarded in Sessions Case No. 52/2016 (109/2014) shall remain suspended if the appellant furnishes a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each to the satisfaction of the learned trial Court.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Suspension of Sentence Application No.664/2017

IN

S.B. Criminal Appeal No. 494/2017

Babulal @ Bablu S/o Shri Sheolal B/c Jat, R/o Udansar, Police Station Sadar Fatehpur, District Sikar, At Present At District Jail, Jhunjhunu.

----Appellant

Versus

State Of Rajasthan Through P.p.

----Respondent

For Appellant(s) : Mr. Imran Khan For Respondent(s) : Mr. R.R. Singh Rathore, P.P.

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

24/10/2018

Heard on application for suspension of sentence.

It is contended by counsel for the appellant that as per statement of the prosecutrix PW-11, her age is 18 years. Prosecutrix is a married lady who went her home with jewellery. It is contended that appellant has remained in custody for four years and six months. The total sentence imposed is ten years. Disposal of appeal will take time.

Learned Public Prosecutor has opposed the application for suspension of sentence.

Considering the contention of counsel for the appellant, the application for suspension of sentence is allowed.

(2 of 2)

[CRLA-494/2017]

Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accusedappellant in Sessions Case No. 52/2016 (109/2014) shall remain suspended if the appellant furnishes a personal bond of Rs.50,000/and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court to the effect that he shall appear before Deputy Registrar (Judicial) on or before 26.11.2018 and as and when called

upon to do so.

(PANKAJ BHANDARI),J

Chouhan/71

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the application for suspension of sentence should be allowed given the appellant is a married minor-aged woman's victim's family member and custody duration.
2.
Whether the appellant is eligible to address the accused appellant in Sessions Case No. 52/2016 with bond and sureties.

Statutes considered

2 provisions across 2 enactments

AI extract

S.B. Criminal Miscellaneous Suspension of Sentence Application No.664/2017S.B. Criminal Miscellaneous Suspension of Sentence Application No.664/2017
Sessions Case No. 52/2016 (109/2014)Sessions Case No. 52/2016 (109/2014)

Parties & counsel

AI extract

appellant
Babulal @ Bablu
respondent
State Of Rajasthan Through P.p

Coram

AI extract

Pankaj Bhandari

Case details

As recorded by the court registry

Court: Rajasthan HC
Decided on: 15 Nov 2017 · November
Registered: 30 May 2017
Case no.: SOSA/664/2017
CNR: RJHC020055272017
Bench: Sabina
Disposal: DISPOSED OF

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Cite this judgement

Babulal @ Bablu v. State of Rajasthan through Pp, SOSA/664/2017 (RJ), decided on 15 November 2017.

The High Court of Rajasthan publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

S.B. Criminal Miscellaneous Suspension of Sentence Application No.664/2017S.B. Criminal Miscellaneous Suspension of Sentence Application No.664/2017
Sessions Case No. 52/2016 (109/2014)Sessions Case No. 52/2016 (109/2014)

View all statutes

Bench / Coram

Pankaj Bhandari

Parties & counsel