Partly allowed

Surendra Kumar v. State of Raj and Anr.

Rajasthan HC29 May 2018CRLMP/2897/2018

Case brief

AI extract

What is this about?

This order dismisses the challenge to a suspended sentence. The High Court waived the Rs.1 Lakh deposit condition imposed on the appellant. It directed the lower appellate court to decide the appeal within one month and dispensed with notice to respondent no.2 to prevent delay and expense.

What did the court decide?

Waive the Rs.1 Lakh deposit condition; direct lower court to decide the appeal within one month; dispense with notice to respondent no.2.

Surendra Kumar Vs State of Raj and Anr. — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2897/2018

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Surendra Kumar S/o Shri Sampat Ram B/c Ahir, R/o Sherpur, Tehsil Behror, District Alwar, Raj.

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----Petitioner

¶5

Versus

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State Of Rajasthan Through Pp.

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Omprakash S/o Bhagwan Singh B/c Ahir, R/o Mohalla Nain Sukh, Behror, District Alwar, Raj.

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----Respondents

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For Petitioner(s) : Petitioner Surendra Kumar present in person

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For Respondent(s) :

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HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Order

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30/05/2018

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The petitioner is present in person. He has assailed the order dated 21.4.2018 passed by the Additional District & Sessions Judge, No.1, Behror, Alwar whereby in appeal sentence has been suspended after imposing condition upon the petitioner to deposit Rs. 1 Lakh by way of draft on the name of the subordinate court.

¶15

The petitioner has submitted that the condition imposed is onerous and it shall defeat the right of appeal. It is further contended that the petitioner is poor person and he is not having Rs.1 Lakh to deposit in the court below and hence, the condition imposed by the lower appellate court be relaxed. Petitioner has further submitted that he is sanguine of success of the appeal preferred by him.

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(2 of 2)

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[CRLMP-2897/2018]

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After going through the contents of the petition and hearing the petitioner, who is present in person, issuance of notice upon the respondent no.2 is dispensed with as same will cause delay and entail respondent no.2 with expenses and cost of litigation.

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Consequently, the present petition is disposed of and the condition imposed by the lower appellate court that the petitioner should deposit Rs.1 Lakh in the subordinate court is waived off with the direction to lower appellate court to decide the appeal preferred by the petitioner within one month from the date of receipt of certified copy of this order.

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(KANWALJIT SINGH AHLUWALIA),J

¶21

Mak/-

Surendra Kumar v. State of Raj and Anr.

Case brief

What is this about?

What did the court decide?

Surendra Kumar v. State of Raj and Anr.

Case brief

What is this about?

What did the court decide?

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