Allowed

Sagar @ Sagariya v. State of Rajasthan

Rajasthan HC6 Nov 2019SOSA/1022/2019

Case brief

AI extract

What is this about?

Honble High Court of Rajasthan allowed the appeal for suspension of sentence. The court noted the appellant had undergone over three and a half years of imprisonment. Bail was granted subject to furnishing a bond of Rs.1,00,000/- and attending the trial court annually.

What did the court decide?

Second application for suspension of sentences allowed; sentences suspended till final disposal of appeal; released on bail with bond and conditions to appear in trial court.

Sagar @ Sagariya Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc 2^nd Suspension Of Sentence Application (Appeal) No. 1022/2019

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Sagar @ Sagariya S/o Kishanaram, Aged About 21 Years, B/c Vaadi, R/o Solankiyo Ka Bas, Sivana, Tehsil Sivana, District Barmer, (Raj.). (Presently Lodged At Central Jail Jodhpur).

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. J.S.Khichi For Respondent(s) : Mr. R.R. Chhaparwal, PP

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Order

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06/11/2019

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Heard learned Counsel for the applicant-appellant and learned Public Prosecutor on the second application for suspension of sentences. Perused the material available on record.

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As per the custody certificate dated 02.02.2019 placed on record by learned Public Prosecutor, the applicant-appellant had suffered imprisonment of 2 years, 8 months and 7 days as on 02.02.2019. Thus, by now, he has undergone imprisonment of more than three and half years. As per the finding recorded by the trial Court at Para No.28 of the judgment, manifestly, the Medical Officer did not opine that the injuries of the injured Padmaram Meghwal were life endangering. The accused was a young boy of 19 years on the date of incident.

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Having regard to the facts and circumstances of the case and as hearing of the appeal is unlikely in the near future, without

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(2 of 3)

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[SOSA-1022/2019]

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expressing any opinion on the merits of the case; I feel inclined to accept the instant second application for suspension of sentences filed on behalf of the applicant Sagar @ Sagriya.

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Accordingly, the instant second application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Sessions Judge, Balotra District Barmer vide judgment dated 03.03.2017 in Sessions Case No.14/2011 (Computer No.78/2014) against the appellant-applicant Sagar @ Sagriya S/o Kishna Ram shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to the condition that he shall furnish personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 06.12.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal

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(3 of 3)

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[SOSA-1022/2019]

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Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(SANDEEP MEHTA),J

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10-Sudhir Asopa/-

Sagar @ Sagariya v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sagar @ Sagariya v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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