Allowed

Lal Ji v. State

Rajasthan HC14 Jan 2020SOSA/67/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an application for suspension of sentence under Section 389 Cr.P.C. for three appellants convicted in a Sessions Case. The appellants were granted release on bail pending disposal of the appeal, subject to conditions including deposit of fine, execution of bond with sureties, and regular court appearances.

What did the court decide?

Substantive sentences suspended; appellants released on bail subject to deposit of fine, execution of personal bond with two sureties, and compliance with attendance conditions.

Lal Ji Vs State — Bail and Remand | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 67/2020

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Lal Ji S/o Shri Lavji Patidar, Aged About 54 Years, By Caste Patidar, Resident Of Dhatana, Dovera Police Station, District Dungarpur. (Lodged In District Jail, Dungarpur)

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Dungar S/o Bhaan Ji Patidar, Aged About 43 Years, By Caste Patidar, Resident Of Dhatana, Dovera Police Station, District Dungarpur. (Lodged In District Jail, Dungarpur)

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Ramesh S/o Vaal Ji Patidar, Aged About 39 Years, By Caste Patidar, Resident Of Dhatana, Dovera Police Station, District Dungarpur. (Lodged In District Jail, Dungarpur)

----Petitioners

Versus

State, Through P.p.

----Respondent

For Petitioner(s) : Mr. JVS Deora For Respondent(s) : Mr. Sudheer Tak PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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14/01/2020

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Heard on application of suspension of sentence.

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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, appellants Were on bail during the trial, this court is of the opinion that it is a fit case for suspending the substantive sentence 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 substantive sentences passed by the learned Addl. Sessions Judge Sagwara, Distt. Dungarpur vide judgment dated 04.12.2019 in Sessions Case No.11/2018 against the appellant-applicants 1.Lal Ji S/o Shri Lavji Patidar, 2.Dungar S/o Bhaan Ji Patidar and 3.Ramesh S/o Vaal Ji Patidar shall remain suspended till final

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(2 of 2)

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[SOSA-67/2020]

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disposal of the aforesaid appeal subject to the condition that the appellants shall deposit the fine amount as imposed by the learned trial Court and they will be released on bail, provided they execute a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 14/02/2020 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 is decided.

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That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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Appellant shall deposit the fine amount as imposed by the learned 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 accusedapplicant(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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(MANOJ KUMAR GARG),J

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66-Anshul/-

Lal Ji v. State

Case brief

What is this about?

What did the court decide?

Lal Ji v. State

Case brief

What is this about?

What did the court decide?

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