Allowed a suspension of sentence application during the pendency of an appeal. Granted temporary bail to the appellant with conditions.
Sentence suspended; applicant admitted to bail subject to trial court satisfaction.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. (Suspension of Sentence) Application No. 711/2019
In
D.B. Criminal Appeal No. 619/2017
Dharma @ Dharampal S/o Shri Shankar Lal B/c Yadav, R/o Dhani Taliyara, Tan Bagawas Ahiran, Police Station Shahpura, District Jaipur. At Present In Sub Jail, Kotputali, Jaipur.
----Applicant/appellant
Versus
State Of Rajasthan Through P.p.
----Respondent
| For Applicant/ appellant | : Mr. Dheeraj Tripathi |
|---|---|
| Mr. Shyam Gihari Gautam | |
| For Respondent(s) | : Mr. Javed Choudhary, P.P. |
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
09/07/2019
Learned counsel for the applicant/appellant has submitted that the applicant/appellant is in custody since 29.10.2012. Post conviction, applicant/appellant is in custody for more than two years. Decision of the appeal may take time.
Learned State counsel, has opposed the application.
Keeping in view the custody period of the applicant/appellant and without expressing any opinion on merits of the case, this application is allowed. Sentence qua imprisonment of the applicant/appellant shall remain suspended during the pendency of the appeal. Applicant/appellant be admitted to bail subject to satisfaction of the trial Court.
(GOVERDHAN BARDHAR),J
(SABINA),J
Sudha/09
2 issues framed by the court
Whether the suspension of sentence application be allowed during the pendency of the appeal.
Whether the applicant from more than two years custody should be admitted to bail.
Dharma @ Dharampal S/o Shri Shankar Lal B/c Yadav
State Of Rajasthan Through P.p
SABINA
GOVERDHAN BARDHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
