Allowed

Narayan Ram S/O Bhura Ram B/C Mali v. State of Rajasthan through Pp

Rajasthan HC12 Sept 2018SOSA/1060/2018

Case brief

AI extract

What is this about?

Allowed suspension of sentence for three appellant-applicants during the pendency of their criminal appeal against conviction. Released on bail upon furnishing a personal bond and one surety, noting they did not cause fatal injury to the deceased.

What did the court decide?

Application for suspension of sentence allowed; sentence suspended during pendency of appeal; applicants released on bail upon furnishing bond of Rs.50,000 each with one surety.

Narayan Ram S/O Bhura Ram B/C Mali Vs State of Rajasthan… — Bail and Remand | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. CRIMINAL MISC. (SUSPENSION OF SENTENCE) APPLICATION No.1060/2018.

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D.B. Criminal Appeal No. 270/2018

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Narayan Ram S/o Bhura Ram B/c Mali, Aged About 72 Years, R/o Dhani Gullakha Wali Tan Kakrana P. S. Gudha District Jhunjhunu. (At Present Confined At District Jail, Jhunjhunu).

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Bansidhar S/o Peparam B/c Mali, Aged About 52 Years, R/o Dhani Gullakha Wali Tan Kakrana P. S. Gudha District Jhunjhunu. (At Present Confined At District Jail, Jhunjhunu).

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Raghuveer Singh @ Ramsingh S/o Bansidhar B/c Mali, Aged About 23 Years, R/o Dhani Gullakha Wali Tan Kakrana P. S. Gudha District Jhunjhunu. (At Present Confined At District Jail, Jhunjhunu).

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----Appellants

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Versus

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State Of Rajasthan Through PP, Jaipur.

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----Respondent

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For Appellant(s) : Mr. Inder Raj Saini. For Respondent(s) : Mr. Pankaj Sisodiya, P. P.

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HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI Order

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12/09/2018

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Heard on the application for suspension of sentence.

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It is stated that applicants were on bail during trial. They have not caused fatal injury to the deceased, rather, the allegation of it is on Suresh and Rajesh. The applicants said to have caused simple injuries to other injured and one injury to the deceased by Banshidar. In view of the above, the application for suspension of sentence may be allowed.

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(2 of 2)

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[CRLAD-270/2018]

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Learned Public Prosecutor has opposed the application and submits that applicants came alongwith other in a mob to cause offence where one person died thus a case is made out against the applicants with the aid of Section 149 IPC thus the application may not be accepted.

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We have considered rival submissions of learned counsel for the parties and perused the record.

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The perusal of statements of PW.2 & PW.4 show main allegation against Suresh and Rajesh for causing head injury and otherwise the applicants were on bail during trial thus we are inclined to suspend the sentence of the applicants. Any comment on the arguments of either of the parties may affect or cause prejudice at the time of final hearing of the appeal.

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Accordingly, the application for suspension of sentence is allowed.

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It is ordered that sentence awarded to accused-applicants namely; (1) Narayan Ram S/o Bhura Ram, (2) Bansidhar S/o Peparam and (3) Raghuveer Singh @ Ramsingh S/o Bansidhar in Sessions Case No.57/2016 (140/2016) CIS No.176/2016 shall remain suspended during pendency of the appeal and they be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupess Fifty Thousand only) with one surety each in the like amount to the satisfaction of the learned trial Court with the stipulation that they shall appear before this Court on 12.10.2018 and whenever called upon to do so.

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(DINESH CHANDRA SOMANI),J

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(M.N.BHANDARI),J

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A.Arora/-105.

Narayan Ram S/O Bhura Ram B/C Mali v. State of Rajasthan through Pp

Case brief

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What did the court decide?

Narayan Ram S/O Bhura Ram B/C Mali v. State of Rajasthan through Pp

Case brief

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What did the court decide?

What the court decided

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