Allowed

Fakirchand S/O Shri Umrav Lal v. State of Rajasthan

Rajasthan HC17 Feb 2020SOSA/95/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a suspension of sentence application filed by four accused-appellants. The court ordered the suspension of their awarded sentences and released them on bail during the pendency of their criminal appeal, subject to furnishing a bond with sureties.

What did the court decide?

Executions of sentences suspended and appellants released on bail upon execution of personal bond with two sureties to the satisfaction of the trial court.

Fakirchand S/O Shri Umrav Lal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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SB. Cr. Misc. Application for Suspension of Sentence No.95/2020

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S.B. Criminal Appeal No. 117/2020

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Fakirchand S/o Shri Umrav Lal age about 62 years,

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Shimbhudayal S/o Shri Umrav Lal, aged About 60 Years,

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Mukesh S/o Shri Fakirchand, Aged About 29 Years,

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Brajesh @ Amit S/o Shri Shimbhudayal, Aged About 30 Years,

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All B/c Brahmin R/o Torda Brahmanan, Police Station Pragpura Distt. Jaipur Raj.

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(Accused Appellant Is In Jail At Kotputali Jaipur).

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----Accused-Appellants

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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. Manish Gupta For Respondent(s) : Mr. N.S. Gurjar, Asst. G.A. on behalf of Mr. Rajendra Yadav, AAG

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HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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17/02/2020

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

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Counsel for the applicants along with appeal has annexed certificate under Rule 311(3) Rajasthan High Court Rules wherein it has been mentioned that the applicants were on bail during the course of trial and presently are in judicial custody. Counsel further submits that initially the case was registered for the offences under Sections 323, 324, 341, 452, 34 IPC, later on

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(2 of 2)

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[SOSA-95/2020]

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Section 307 IPC was added. Incident took place due to land dispute between the parties. Applicants have no criminal antecedents. Accused-applicants were on bail during the course of trial and they never misused the liberty of bail granted to the. Hearing of the criminal appeal may take long time, hence, the sentence awarded to the applicants may be suspended during the pendency of the criminal appeal and they 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 applicants – Fakirchand son of Shri Umrav Lal, Shimbhudayal son of Shri Umrav Lal, Mukesh son of Shri Fakirchand and Brajesh @ Amit son of Shri Shimbhudayal shall remain suspended during the pendency of the criminal appeal and they be released on bail provided each of them furnish 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 they shall appear before this Court on 18/3/2020 and thereafter as and when called upon to do so.

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(GOVERDHAN BARDHAR),J

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Dheeraj /38

Fakirchand S/O Shri Umrav Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Fakirchand S/O Shri Umrav Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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