Allowed

Mahaveer S/O Nanda Kahar v. State of Rajasthan through Pp

Rajasthan HC6 Mar 2019SOSA/81/2019

Case brief

AI extract

What is this about?

High Court allowed suspension of sentence for four appellants in a criminal appeal, conditional on depositing the imposed fine which must be paid to the victim, and furnishing a personal bond with sureties to the trial court.

What did the court decide?

The sentence in Sessions Case No.757/2014 is suspended subject to deposit of fine payable to the victim and furnishing of a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Mahaveer S/O Nanda Kahar Vs State of Rajasthan… — Criminal Trial and Appeal | 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 No.81/2019

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S.B. Criminal Appeal (Sb) No. 114/2019

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Mahaveer S/o Nanda, Kahar, Aged About 40 Years, R/o Vill. Chhaparda Ps Gendoli Dist. Bundi Raj. (At Present In Dist. Jail Bundi)

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Mahaveer S/o Ramkaran, Kahar, Aged About 35 Years, R/o Vill. Chhaparda Ps Gendoli Dist. Bundi Raj. (At Present In Dist. Jail Bundi)

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Tulsi Ram S/o Ramkaran, Kahar, Aged About 28 Years, R/o Vill. Chhaparda Ps Gendoli Dist. Bundi Raj. (At Present In Dist. Jail Bundi)

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Bhojraj S/o Nanda, Kahar, Aged About 30 Years, R/o Vill. Chhaparda Ps Gendoli Dist. Bundi Raj. (At Present In Dist. Jail Bundi)

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----Appellants Versus State Of Rajasthan through PP, Raj. ----Respondent For Appellant(s) : Ms. Sumati Bishnoi. For State(s) : Mr. S.K. Mahala, PP. For Complainant : Mr. Peush Nag.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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06/03/2019

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Amended cause title filed by the appellants is taken on record.

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Heard on application for suspension of sentence.

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It is contended by counsel for the appellants that sentence imposed is five years. Appellants were on bail during trial. Disposal of appeal will take time.

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(2 of 2)

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[CRLAS-114/2019]

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Learned Public Prosecutor and counsel for the complainant have opposed the application for suspension of sentence. Their contention is that Court has imposed fine on the appellants and has curtailed the right of the victim to receive compensation under the Victim Compensation Act.

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I have considered the contentions.

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Considering the contention of counsel for the parties, the application for suspension of sentence is allowed, subject to appellants depositing the fine imposed by the Court. On deposit of the fine amount, the same be paid to the victim as per the Judgment of the Court below.

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Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accusedappellants in Sessions Case No.757/2014 shall remain suspended if the appellants furnish a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court to the effect that they shall appear before this Court as and when called upon to do so.

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Copy of this order be sent to the concerned Court by fax/email today itself with a direction to serve a photostat copy of the same to the appellant/s and an additional copy of this order be also sent to the concerned Court by ordinary process.

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(PANKAJ BHANDARI),J.

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Chandan/13

Mahaveer S/O Nanda Kahar v. State of Rajasthan through Pp

Case brief

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Mahaveer S/O Nanda Kahar v. State of Rajasthan through Pp

Case brief

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