Allowed

Netram v. State of Rajasthan

Rajasthan HC22 Nov 2019SOSA/320/2019

Case brief

AI extract

What is this about?

Hon'ble High Court of Rajasthan allowed the application for suspension of sentence filed under Section 389 Cr.P.C. The court held that the case was fit for suspending the sentences awarded to the accused-appellants pending final disposal of the appeal, subject to specific conditions including executing a personal bond and appearing before the trial court.

What did the court decide?

Sentences suspended; applicants released on bail by executing personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Netram Vs State of Rajasthan — Service and Employment | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 320/2019

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S.B.Criminal Appeal No.376/2019

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Netram S/o Sh. Sheopatram, Aged About 48 Years, B/c Jat , R/o 75 L.N.P. Ratanpura , P.S. Ghamoodwali , Distt. Sri Ganganagar (Raj.)

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Kuldeep S/o Sh. Lalchand, by caste Jat, aged about 25 years, R/o 75 L.N.P., Ratanpura, Police Station Ghamoodwali, District Sri Ganganagar (Raj.)

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(Presently Lodged In Central Jail , Sri Ganganagar)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Pradeep Shah For Respondent(s) : Mr. Gaurav Singh, PP

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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22/11/2019

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Heard learned counsel for the appellants and learned Public Prosecutor on application for suspension of sentence.

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Learned counsel for the appellants submits that case of the present appellants is on the identical footing to the case of coaccused persons whose sentence has already been suspended by Coordinate bench of this court.

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Learned Public Prosecutor is not in a position to distinguish the case of the present appellants viz-a-viz the case of the

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(2 of 3)

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[SOSA-320/2019]

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persons whose sentence has already been suspended by coordinate bench of this court vide order dated 05.07.2017.

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Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellants.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge, Srikaranpur, District Sriganganagar, vide judgment dated 02.03.2019 in Sessions Case No.8/2017 against the appellantsapplicants 1. Netram S/o Sh. Sheopatram 2. Kuldeep S/o Sh. Lalchand shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided each of them executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 18.12.2019 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 isdecided.

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That if the applicant(s) changes the place of residence, he/she/they will give in writing

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his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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(3 of 3)

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[SOSA-320/2019]

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Similarly, if the sureties change their

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address(s),they will give in writing their changed

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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 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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(VINIT KUMAR MATHUR),J

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57-amit/-

Netram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Netram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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