Allowed

Raju @ Rajiya v. State

Rajasthan HC4 Jul 2017SOSR/225/2017

Case brief

AI extract

What is this about?

This bail application successfully sought suspension of the petitioner's sentence pending disposal of a criminal revision. The High Court granted suspension, releasing the petitioner on bail subject to a personal bond and appearance conditions.

What did the court decide?

Suspension of sentences awarded to the petitioner; release on bail upon execution of personal bond and adherence to attendance conditions.

Raju @ Rajiya Vs State — Bail and Remand | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B.Criminal Misc. Bail Application (SOS) No.225/2017

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S.B. Criminal Revision No.530/2017

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Raju @ Rajiya S/o Mala Ram Ji, By Caste Nayak, Resident of Mithi Kesrisingh Tehsil Rajgarh, District Churu, at Present Ward No. 6, Alanabad, District Hanumangarh.

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(At present lodged in District Jail Churu)

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----Petitioner

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Versus

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The State of Rajasthan.

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----Respondent

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For Petitioner(s) : Mr.MC Tak.

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For Respondent(s) : Mr.Rajesh Bhati, PP.

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Judgment

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04/07/2017

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Heard learned counsel for the petitioner/applicant and learned Public Prosecutor on application for suspension of sentence.

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Learned counsel Mr.M.C. Tak appears to represent the petitioner under the free legal aid scheme. He submits that the sentence awarded to the co-accused Mohd. Arif Khan has been suspended by this Court vide order dated 23.6.2017.

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In this background and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused petitioner Raju @ Rajiya.

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(2 of 3)

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Judicial Magistrate, Rajgarh vide judgment dated 16.10.2015 as affirmed by the learned Additional Sessions Judge, Rajgarh vide judgment dated 30.3.2017 against the petitioner-applicant Raju @ Rajiya, shall remain suspended till final disposal of the aforesaid revision and he shall be released on bail, provided he executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 4.8.2017 and whenever ordered to do so till the disposal of the revision on the conditions indicated below:-

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That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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Similarly, if the sureties change their address(s),

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they will give in writing their changed address to the trial Court.

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The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this

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(3 of 3)

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order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(SANDEEP MEHTA)J.

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S.Phophaliya/-

Raju @ Rajiya v. State

Case brief

What is this about?

What did the court decide?

Raju @ Rajiya v. State

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

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