Allowed

Bhuriya @ Bhuralal S/O Babulal v. State of Rajasthan

Rajasthan HC3 Nov 2020SOSA/796/2020

Case brief

AI extract

What is this about?

In a criminal appeal, the High Court allowed an application to suspend the sentence of the appellant Bhuriya pending the hearing of his appeal against conviction, subject to conditions involving personal and surety bonds.

What did the court decide?

Application for suspension of sentence allowed; sentence suspended; personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/- each required.

Bhuriya @ Bhuralal S/O Babulal Vs State of… — Criminal Trial and Appeal | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S. B. Criminal Misc. Application for Suspension of Sentence

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No.796/2020

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S.B. Criminal Appeal No. 1032/2020

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Bhuriya @ Bhuralal S/o Babulal, Aged About 23 Years, Resident of Kachnariya, Police Station Harnawadha, District Baran Presently Residing At Fatehpur Police Station Sultanpur District Kota

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(Accused Confined In Central Jail Kota)

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---Accused-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. Rajendra Singh Tanwar, Adv. For Respondent(s) : Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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03/11/2020

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Heard the learned counsel for the parties.

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Learned counsel for the appellant submits that allegation of rape against the petitioner has not been mentioned in the FIR. Later on, prosecutrix has improved her version as alleged against the petitioner in the statement under Section 164 Cr. P.C. Learned counsel for the appellant further submits that during trial of Juvenile Ram Singh, she had clearly stated that Ram Singh had committed rape with her. Learned counsel for the appellant further submits that he is behind the bars since 16.09.2017 and hearing of appeal may take long time.

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(2 of 2)

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[SOSA-796/2020]

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Taking into consideration the facts and circumstances of the case as well as the conviction and sentence awarded to the accused appellant, I deem it just and proper to suspend the sentence awarded to the appellant during the pendency of the appeal.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accusedappellant Bhuriya @ Bhuralal S/o Babulal in Sessions Case No.69/2018(CIS No.417/2018) shall remain suspended; provided he furnishes a personal bond of Rs. 50,000/- and two sureties bond of Rs. 25,000/- each to the satisfaction of the learned trial court to the effect that he shall appear before this Court on 03.12.2020 and, as and when called upon to do so.

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(NARENDRA SINGH DHADDHA),J

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Gourav/13

Bhuriya @ Bhuralal S/O Babulal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhuriya @ Bhuralal S/O Babulal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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