Allowed

Bhanwar Singh S/O Shri Rajendra B/C Rajput v. State of Rajasthan

Rajasthan HC2 Nov 2018SOSA/1363/2018

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal application for suspension of sentence during the pendency of the main appeal. The appellants, convicted under Section 302 IPC, were released on bail upon furnishing a personal bond of Rs. 50,000 with a surety.

What did the court decide?

Application for suspension of sentence allowed; appellants to be released on bail by furnishing personal bond of Rs.50,000 with one surety in like amount.

Bhanwar Singh S/O Shri Rajendra B/C Rajput Vs State of… — Caste Atrocities | 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.1363/2018

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D.B. Criminal Appeal No. 389/2018

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Bhanwar Singh S/o Shri Rajendra B/c Rajput, R/o Talab Ka, Police Station Sapotra, District Karauli, Raj. (At Present Confined In District Jail, Karauli).

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Shimbhu Singh @ Shivraj Singh S/o Shri Saubhagya Singh B/c Rajput, R/o Talab Ka, Police Station Sapotra, District Karauli, Raj. (At Present Confined In District Jail, Karauli).

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----Appellants

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Versus

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State Of Rajasthan, Through Pp.

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----Respondent

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For Appellant(s) : Mr.Anil Upman with Mr. OP Faujdar For Respondent(s) : Ms.Sonia Shandliya, 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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02/11/2018

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Learned Public Prosecutor is not inclined to file reply to the application for suspension of sentence, thus it is heard on merit.

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Learned counsel for the appellants submits that accused were on bail during trial. General allegations have been made against the accused-appellants. The main allegations are on the other accused, which includes, Vijendra Singh, who was not charge sheeted by the police. The trial Court passed an order on

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(2 of 3)

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[SOSA-1363/2018]

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the application under Section 319 Cr.P.C. and took cognizance against him but the aforesaid order has been set aside by the Supreme Court. In view of the above, the application for suspension of sentence may be allowed, as hearing of the appeal is likely to take time.

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Learned Public Prosecutor has opposed the application for suspension of sentence. It is submitted that conviction of the accused is under Section 302 with the aid of Section 34 IPC. The accused-appellants came with common intention to cause incidence with the main accused Pratap Singh and Vijdendra Singh. Accordingly, the application for suspension of sentence may not be accepted.

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

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The accused-appellants were on bail during trial. It is also that general allegation exists against the accused-appellants. They said to have not caused injury to the deceased on vital part.

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Taking into consideration the facts of the case but without commenting on it, as it may cause prejudice to either of the parties while arguing the appeal finally, we find reasons to grant 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 (i) Bhanwar Singh s/o Rajendra and (ii) Shimbhu Singh @ Shivraj Singh s/o Saubhagya Singh by learned Special Judge, SC/ST (Prevention of Atrocities Cases) Karauli in Sessions Case No.151/2012 (55/2000) 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/-

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(3 of 3)

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[SOSA-1363/2018]

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(Rs.Fifty Thousand only) with one surety in the like amount to the satisfaction of the learned trial court with the stipulation that they shall appear before this Court on 03^rd December, 2018 and whenever called upon to do so.

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(BANWARI LAL SHARMA),J

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(M.N. BHANDARI),J

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Preeti/48

Bhanwar Singh S/O Shri Rajendra B/C Rajput v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhanwar Singh S/O Shri Rajendra B/C Rajput v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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