Allowed

Ajay Kumar S/O Ramswaroop B/C Jat v. State of Rajasthan through Pp

Rajasthan HC6 Dec 2018SOSA/1491/2018

Case brief

AI extract

What is this about?

The High Court allowed the accused-appellant's application for suspension of sentence pending the hearing of his criminal appeal. He was ordered released on bail subject to furnishing a bond and appearing as required. The appeal listing was expedited.

What did the court decide?

Sentence suspended during pendency of appeal; appellant released on bail with a bond of Rs.50,000/-; appeal listed on priority.

Ajay Kumar S/O Ramswaroop B/C Jat 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.1491/2018

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D.B. Criminal Appeal No. 415/2018

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Ajay Kumar S/o Ramswaroop B/c Jat, Aged About 21 Years, R/o Chandwa Ps Bisau Dist. Jhunjhunu Raj. (At Present Confined At Central Jail Bikaner)

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----Appellant

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Versus

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State Of Rajasthan Through Pp, Raj.

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----Respondent

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For Appellant(s) : Mr.Dushyant Singh Naruka For Respondent(s) : Mr.Pankaj Sisodia, Public Prosecutor Mr.Ram Manohar Sharma – for complainant

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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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06/12/2018

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

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It is stated that the accused-appellant was on bail during trial and otherwise, initial statement of the prosecutrix was favourable to him. A reference of Exhibit D-2 has been given where the prosecutrix has stated that she went along with the accused-appellant at her own. The prosecutrix made different statements with improvement under Section 164 Cr.P.C. and even in the Court. The story was brought about threatening by the

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(2 of 3)

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[SOSA-1491/2018]

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accused-appellant after taking her photographs while bathing. The Investigating Officer could not collect any photograph from the mobile and otherwise, thus the story given subsequently is not proved. The medical report is also favourable to the accusedappellant, thus his sentence may be suspended during pendency of the appeal.

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Learned Public Prosecutor as well as learned counsel for the complainant have opposed the application for suspension of sentence. It is submitted that the prosecutrix has made specific allegation against the accused-appellant and his uncle for committing rape, thus the application for suspension of sentence may not be allowed.

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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 at the time of final hearing of the appeal, thus we are refraining ourselves to make comment, however, taking into consideration the facts of this case and also that the accusedappellant was on bail during trial, we are inclined to accept 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 accusedappellants namely Ajay Kumar s/o Ramswaroop by learned Sessions Judge, Jhunjhunu (Raj.) in Session Case No.28/2017 (CIS No.28/2017) 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 learned

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(3 of 3)

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[SOSA-1491/2018]

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trial court with the stipulation that he shall appear before this Court on 07^th January, 2019 and whenever called upon to do so.

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Since, an apprehension has been shown by learned counsel for the accused-appellant about delay in hearing of the appeal, thus Registry is directed to list the appeal for hearing on 09^th January, 2019 on priority. The requirement of paper book is dispensed with.

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(BANWARI LAL SHARMA),J

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(M.N. BHANDARI),J

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Preeti/51

Ajay Kumar S/O Ramswaroop B/C Jat v. State of Rajasthan through Pp

Case brief

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Ajay Kumar S/O Ramswaroop B/C Jat v. State of Rajasthan through Pp

Case brief

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