Allowed

Kalu @ Chhittar @ Aatu S/O Ramkaran B/C Daroga v. State of Rajasthan

Rajasthan HC6 Aug 2019SOSA/1117/2019

Case brief

AI extract

What is this about?

This was a second application for suspension of sentence by an appellant convicted for offences under IPC Section 304 Part II and SC/ST Act Section 3(2)(v). The High Court suspended the sentence and released the appellant on bail, ordering the submission of a bond pending the appeal's disposal.

What did the court decide?

The sentence of the accused-appellant is suspended till disposal of the appeal and he is released on bail upon furnishing a personal bond and two surety bonds.

Kalu @ Chhittar @ Aatu S/O Ramkaran B/C Daroga Vs State… — Dowry and Cruelty | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D. B. Criminal Misc. 2^nd Suspension of Sentence Application No. 1117/2019

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D.B. Criminal Appeal No. 248/2016

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Kalu @ Chitter @ Aatu son of Ramkaran, age 37 years, by Caste Daroga, Resident of near Sanjay School, Mahaveer Colony, Madanganj, District Ajmer. (Accused in present Central Jail, Ajmer)

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----Accused-Appellant

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Versus

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The State of Rajasthan through Public Prosecutor.

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----Respondent

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For Appellant(s) : Mr. Deepak Soni. For Respondent(s) : Mr. Javed Choudhary, Public Prosecutor.

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HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

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06/08/2019

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This is second application for suspension of sentence has been filed by the accused-applicant in an appeal filed against conviction of the accused-applicant for offence under Section 304 Part II IPC, for which he has been sentenced to ten years rigorous imprisonment and for offence under Section 3(2)(v) of SC/ST Act for which he has been sentenced to life imprisonment. First application of the accused-applicant was dismissed by this Court vide order dated 11.07.2016. However, considering that the accused-applicant by then served out sentence of only two years, this Court granted liberty to the accused-applicant to file fresh application for suspension of sentence if the appeal is not heard and decided within next three years.

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[SOSA 1117/2019]

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(2 of 2)

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Learned counsel for the accused-applicant submitted that the period of three years has already lapsed since the first application for suspension of sentence of the accused-applicant was dismissed and the accused-applicant by now has completed more than five years imprisonment. There is no foundation whatsoever for conviction and sentence of the accused-applicant under Section 3(2)(v) of SC/ST Act. Hearing of the appeal is likely to take a long, therefore, the accused-applicant deserves to be admitted to bail by suspension of sentence awarded to him by the trial court.

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Learned Public Prosecutor opposed the second application for suspension of sentence of the accused-applicant.

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Having heard learned counsel for the accused-applicant, learned Public Prosecutor and perused the material on record but without expressing any opinion on merits of the case, we are inclined to suspend the sentence of the accused-applicant.

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Second application for suspension of sentence of the accused-applicant is allowed. It is, therefore, ordered that the sentence of accused-applicant namely Kalu @ Chitter @ Aatu son of Ramkaran shall remain suspended till disposal of the appeal and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial court to the effect that he shall appear before this court on 09.09.2019 and as and when called upon to do so.

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(NARENDRA SINGH DHADDHA),J

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(MOHAMMAD RAFIQ),J

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MANOJ NARWANI /9

Kalu @ Chhittar @ Aatu S/O Ramkaran B/C Daroga v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kalu @ Chhittar @ Aatu S/O Ramkaran B/C Daroga v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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