Allowed

Prabhudayal S/O Sh. Gangaram B/C Bairwa v. State of Rajasthan

Rajasthan HC4 Jul 2019SOSA/794/2019

Case brief

AI extract

What is this about?

In an S.B. Criminal Misc. Suspension of Sentence Application filed alongside an appeal, the Rajasthan High Court suspended the appellant's sentence and granted bail upon furnishing a personal bond and two sureties to the satisfaction of the trial court, directing his appearance on a specified date.

What did the court decide?

Suspension of sentence during appeal pendency and release on bail by furnishing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Prabhudayal S/O Sh. Gangaram B/C Bairwa Vs State of… — Bail and Remand | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Suspension of Sentence Application

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No.794/2019

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S.B. Criminal Appeal No. 1071/2019

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Prabhudayal S/o Sh. Gangaram B/c Bairwa, R/o Shiv Colony Ward No 2 In Front Of Pooja Mill Bypass Road Bundi Raj.

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Appellant(s) : Mr. A.K. Upman with Mr. Sajid Ali. For Respondent(s) : Mr. S.K. Mahla, P.P.

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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04/07/2019

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This suspension of sentence application has been filed by the appellant alongwith the appeal.

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Counsel for the appellant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that during the trial, the appellant was on bail and the sentence of two years under Sections 13(1) (d) read with 13(2) of P.C. Act has been awarded to the appellant and he is in custody . Counsel further submits that the sentence of the petitioner was suspended by the learned trial court for a period of one month, however, after expiry of the said period the petitioner has already surrendered before the learned trial court on 03.07.2019. Counsel further submits that the hearing of the appeal may take long time, hence,

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(2 of 2)

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[SOSA-794/2019]

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the sentence awarded to the appellant may be suspended during the pendency of the appeal and he be released on bail.

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Learned Public Prosecutor has opposed the application for suspension of sentence.

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Having heard the learned counsel for the parties and carefully scanned the entire material available on record, this suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the appellant- Prabhudayal S/ o Sh. Gangaram shall remain suspended during the pendency of the appeal and he be released on bail provided he furnishes a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial court with the stipulation that he shall appear before this Court on 06 / 08/2019 and thereafter as and when called upon to do so.

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A copy of the order dated 03.07.2019 passed by the learned trial court is taken on record.

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(INDERJEET SINGH),J

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MG/112

Prabhudayal S/O Sh. Gangaram B/C Bairwa v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Prabhudayal S/O Sh. Gangaram B/C Bairwa v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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