Partly allowed

Nadeem Son of Gafoor Ahmed Alias Abdul Gaffor, v. State of Rajasthan

Rajasthan HC13 Mar 2019SOSA/102/2019

Case brief

AI extract

What is this about?

Single judge order allowing suspension of sentence for Appellant No.2, the husband of the prosecutrix, subject to bond and sureties, while dismissing withdrawn application for Appellant No.1.

What did the court decide?

Suspension of sentence allowed for Appellant No.2 against security of personal bond: Rs.50,000 and two sureties of Rs.25,000 each.

Nadeem Son of Gafoor Ahmed Alias Abdul Gaffor, Vs State of… — Bail and Remand | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Suspension of Sentence Application No.102/2019

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S.B. Criminal Appeal No. 138/2019

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Nadeem Son Of Gafoor Ahmed Alias Abdul Gaffor, Aged About 26 Years, By Caste Musalman, Resident Of Hat Chowk, Atru, Police Station Atru, District Baran, At Present Lodged In The District Jail, Baran

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Waseem Ahmed Alias Abdul Waseem Son Of Gafoor Ahmed Alia Abdul Gafoor, Aged About 32 Years, By Caste Musalman, Resident Of Hat Chowk, Atru, Police Station Atru, District Baran, At Present Lodged In The District Jail, Baran

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----Appellants

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Versus State Of Rajasthan, through P.P. ----Respondent For Appellant(s) : Mr. Ashvin Garg. For State(s) : Mr. Arvind Kumar, PP.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment / Order

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13/03/2019

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Heard on application for suspension of sentence.

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Counsel for the appellant does not press the application for Suspension of Sentence of Appellant No.1.

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Consequently, the application for Suspension of Sentence of Appellant No.1 is dismissed as withdrawn.

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With regard to Appellant No.2, it is contended that Appellant No.2 is husband of prosecutrix. Marriage of Appellant No.2 with the prosecutrix took place twelve years back. They have three

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(2 of 2)

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[CRLAS-138/2019]

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children. There was no allegation of rape or forcing the prosecutrix to have relations with her brother-in-law. It is contended that Appellant No.2 is in custody from 07.04.2016. Disposal of appeal will take time.

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Learned Public Prosecutor has opposed the application for suspension of sentence of Appellant No.2. 6. Considering the contention of counsel for the appellant, the application for suspension of sentence of Appellant No.2 is allowed.

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Accordingly, the application for suspension of sentence of Appellant No.2 is allowed. It is ordered that the sentence awarded to accused-appellant No.2 (Waseem Ahmed Alias Abdul Waseem) in Sessions Case No. 170/2018 (CIS No.242/2018) shall remain suspended if the appellant furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court to the effect that he shall appear before this Court as and when called upon to do so.

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Copy of this order be sent to the concerned Court by fax/email today itself with a direction to serve a photostat copy of the same to the appellant No.2 and an additional copy of this order be also sent to the concerned Court by ordinary process.

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(PANKAJ BHANDARI),J.

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Chandan/15

Nadeem Son of Gafoor Ahmed Alias Abdul Gaffor, v. State of Rajasthan

Case brief

What is this about?

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Nadeem Son of Gafoor Ahmed Alias Abdul Gaffor, v. State of Rajasthan

Case brief

What is this about?

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