Raichand v. State of Rajasthan
Case brief
What is this about?
The High Court rejected the suspension of sentence application. The Court advised the State to file an appeal against the appellant's acquittal regarding charges under Sections 307 and 394 IPC based on the victim's medical report.
What did the court decide?
Application for suspension of sentence rejected; State advised to file appeal against acquittal.
What the court decided
A compact analysis
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 292/2019
Raichand S/o Shri Kamji Meena, Aged About 76 Years, B/c Meena , R/o Nandikhera , P.s. Salamgarh , Distt. Pratapgarh (Raj) (Presently Lodged In Distt. Jail , Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Ramesh Purohit For Respondent(s) : Mr. Anil Joshi, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
10/05/2019
Having heard and considered the arguments advanced at bar by learned counsel for the applicant-appellant Shri Ramesh Purohit and learned Public Prosecutor and after going through the material available on record and considering the gravity and nature of allegations, we are not inclined to suspend the sentences awarded to the applicant-appellant during the pendency of the appeal. Thus, the instant application for suspension of sentence is rejected. However, considering the medical report of the victim, we feel that the State would be better advised to file an appeal against acquittal of the appellant from the charges under Sections 307 & 394 IPC.
Issues for consideration
2 issues framed by the court
Whether the sentence awarded to the appellant should be suspended during the pendency of the appeal.
Whether the State should file an appeal against the acquittal of the appellant on charges under Sections 307 and 394 IPC.
Parties & counsel
- appellant
Raichand S/o Shri Kamji Meena
- respondent
State Of Rajasthan
Coram
Sandeep Mehta
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · May
- Registered
- Case no.
- SOSA/292/2019
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