Allowed

Jagdish S/O Bhanwar Lal B/C Bheel v. State of Rajasthan through Pp

Rajasthan HC1 Nov 2018SOSA/1115/2018

Case brief

AI extract

What is this about?

This DB Criminal Misc. Application dealt with a plea for suspension of sentence during the pendency of an appeal. The High Court, observing specific factual grounds regarding the allegations, allowed the application, suspended the sentence, and granted bail with personal bond and sureties conditioned on appearances.

What did the court decide?

Application for suspension of sentence allowed; sentence suspended during appeal pendency; bail granted on personal bond of Rs. 50,000 with one surety.

Jagdish S/O Bhanwar Lal B/C Bheel 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. Application for Suspension of Sentence No.1115/2018

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D.B. Criminal Appeal No. 129/2018

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Jagdish S/o Bhanwar Lal B/c Bheel, R/o Limdi Ka Pura Majra Hanotiya, Police Station Dangipura, District Jhalawar, Raj. At Present Confined In Central Jail, Kota.

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----Appellant Versus

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State Of Rajasthan Through Pp.

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----Respondent

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For Appellant(s) : Mr.Shailesh Prakash Sharma For Respondent(s) : Ms.Sonia Shandilya, Public Prosecutor

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HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Order

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01/11/2018

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Heard learned counsel for the accused-appellant as well as learned Public Prosecutor on the application for suspension of sentence.

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Learned counsel for the appellant submits that specific allegation to cause overt act in the incident has not been made against the accused either in the FIR or in the court statement. No weapon has been recovered from him. The main allegation for causing injuries is on others, which include, Ram Dayal, Amar Lal, Mangilal, etc. Accordingly, the application for suspension of sentence may be allowed.

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(2 of 2)

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[SOSA-1115/2018]

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Learned Public Prosecutor has opposed the application for suspension of sentence. It is submitted that the accusedappellant has been convicted for the offence under Section 302 read with Section 149 IPC, thus the application for suspension of sentence may be dismissed.

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

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Any comment at this stage may cause prejudice to either of the parties while arguing the appeal finally thus we are refraining ourselves to make comment on the facts of this case, however, taking into consideration the evidence on record, we find reasons to grant the application for suspension of sentence.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that sentence awarded to accusedappellant namely Jagdish s/o Bhanwar by learned Additional Session Judge Aklera, District Jhalawar (Raj.) in Sessions Case No.26/2015 shall remain suspended during pendency of the appeal and he be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one surety in the like amount to the satisfaction of the learned trial court with the stipulation that he shall appear before this Court on 01^st December, 2018 and whenever called upon to do so.

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(BANWARI LAL SHARMA),J (M.N. BHANDARI),J

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Preeti/7

Jagdish S/O Bhanwar Lal B/C Bheel v. State of Rajasthan through Pp

Case brief

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Jagdish S/O Bhanwar Lal B/C Bheel 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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