Allowed

Laxminarayan S/O Shri Kasera Ram B/C Berwa v. State of Rajasthan

Rajasthan HC20 Feb 2020SOSA/340/2020

Case brief

AI extract

What is this about?

Single bench order allowing application for suspension of sentence during pendency of criminal appeal. Applicant granted bail with bond conditions and requirement to deposit half of the fine amount as compensation to the victim mother.

What did the court decide?

Sentence suspended during pendency of appeal; applicant released on bail with bond and personal deposit of fine amount.

Laxminarayan S/O Shri Kasera Ram B/C Berwa Vs State of… — Bail and Remand | Rajasthan HC (2020)

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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.

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340/2020

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S.B. Criminal Appeal No. 429/2020

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Laxminarayan S/o Shri Kasera Ram B/c Berwa, aged About 38 Years, R/o Madanpura Dhanhi Palli, Tahsil Khandar, Distt. Sawaimadhopur Raj.

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----Appellant

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Appellant(s) : Mr. Sunil Kumar Sharma For Respondent(s) : Mr. Atul Sharma, P.P.

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HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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20/02/2020

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This criminal misc. suspension of sentence application has been filed by the applicant along with the criminal appeal.

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Counsel for the applicant along with appeal has annexed certificate under Rule 311(3) Rajasthan High Court Rules wherein it has been mentioned that the applicant was on bail during the course of trial, he never misused the liberty of bail granted to him and sentence of the applicant has already been suspended by the trial Court.

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Learned counsel for the applicant submits that applicant is ready to deposit the half of the fine amount which shall be paid to the mother of the minor daughter Khushi (victim) as compensation as per order of the trial Court. Counsel further submits that hearing of the criminal appeal may take long time, hence, the sentence awarded to the applicant may be suspended

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(2 of 2)

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[CRLAS-429/2020]

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during the pendency of the criminal appeal and he be released on bail.

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Learned Public Prosecutor has opposed the application.

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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 applicant Laxminarayan S/o Shri Kasera Ram shall remain suspended during the pendency of the criminal 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 23/03/2020 and thereafter as and when called upon to do so. Provided the applicant deposits half of the fine amount i.e. Rs. 1,00,000/- only within the period of three weeks from today

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However, on depositing of the aforesaid amount by the accused applicant, the trial Court shall release such amount on furnishing undertaking by the mother of the minor daughter Khushi (victim). If the applicant fails to deposit the aforesaid amount within the requisite period, the order of grant of suspension of sentence of the applicant shall stand cancelled automatically.

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(GOVERDHAN BARDHAR),J

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Ashu/71

Laxminarayan S/O Shri Kasera Ram B/C Berwa v. State of Rajasthan

Case brief

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Laxminarayan S/O Shri Kasera Ram B/C Berwa v. State of Rajasthan

Case brief

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What the court decided

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