Allowed

Sonu S/O Shri Shankar B/C Kohli v. State of Rajasthan through Pp

Rajasthan HC3 Feb 2020SOSR/385/2018

Case brief

AI extract

What is this about?

The High Court allowed an application for suspension of sentence against two accused petitioners filing a criminal revision, pending bond execution and personal appearance.

What did the court decide?

Execution of sentence shall remain suspended pending the revision petition subject to furnishing personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each and personal appearance before this

Sonu S/O Shri Shankar B/C Kohli Vs State of Rajasthan through Pp — Rajasthan HC (2020) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. CRIMINAL MISC. SUSPENSION OF SENTENCE APPLICATION

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NO.385/2018

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S.B. Criminal Revision Petition No. 1316/2018

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Sonu S/o Shri Shankar B/c Kohli, R/o Diwanji Ka Bag, Fute Khel, Alwar, District Alwar. (Accused At Present Central Jail, Alwar).

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Monu @ Mukesh S/o Rajender B/c Kachera, R/o Transport Nagar Kacchi Basti, 4/176 Housing Board, Alwar. (Accused At Central Jail, Alwar).

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----Petitioners

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Versus

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State Of Rajasthan Through Pp, Jaipur

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----Respondent

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For Petitioner(s) : Mr. Gurvinder Singh For Respondent(s) : Mr. Ganesh Saini, PP

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HON'BLE MR. JUSTICE ABHAY CHATURVEDI

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Order

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03/02/2020

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Heard on the application for suspension of sentence.

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This application for suspension of sentence has been filed by the petitioner along with the Criminal Revision Petition to suspend the sentence awarded by Additional Judicial Magistrate, No.3, Alwar, District Alwar vide judgment dated 29.03.2013 in Criminal Case No. 449/2012 and confirmed by A.D.J. No.3, Alwar, District Alwar vide judgment dated 04.07.2018 in Criminal Appeal No. 41/2013.

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It is submitted by the counsel for the petitioner that no evidence with regard to theft has been produced. The evidence

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(2 of 3) [CRLR(SOS)-385/2018]

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against accused-petitioners is that the accused were seen in the CCTV footage, which was identified by constable PW-6 Lavkesh and one Aas Mohammed during investigation. No proceeding for identification in CCT footage by there witness before the Court was conducted. No certificate under Section 65-B of the evidence Act has been produced to show the correctness of the CD recovered by the Investigating Agency during the investigation. The other evidence against the accused-petitioners is recovery of currency notes of Rs.300/-. No specific identification marks on the note have been shown. It was also submitted that the petitioners were on bail during trial and also during pendency of appeal.

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On the other hand, 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, without expressing any opinion on the merits and demerits of the case, this application for suspension of sentence is allowed.

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It is ordered that execution of the sentence awarded to the petitioners (1) Sonu S/o Shri Shankar and (2) Monu @ Mukesh S/o Rajender , by the trial court/appellate court shall remain suspended during the pendency of this Revision Petition, provided each of the petitioners furnishes a personal bond of Rs. 50,000/- (Rupees Fifty Thousand) together with two sureties of Rs. 25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial court with the stipulation that they

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(3 of 3)

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[CRLR(SOS)-385/2018]

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shall appear before this Court on 04.03.2020 and thereafter, as and when called upon to do so.

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(ABHAY CHATURVEDI),J

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ANAND TANWAR /42

Sonu S/O Shri Shankar B/C Kohli v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Sonu S/O Shri Shankar B/C Kohli v. State of Rajasthan through Pp

Case brief

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What did the court decide?

What the court decided

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