Allowed

Gopal Meena S/O Shri Banshidhar Meena v. State of Rajasthan

Rajasthan HC4 Feb 2020SOSR/769/2019

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Abhay Chaturvedi allowed a suspension of sentence application filed by Gopal Meena. The sentence awarded by lower courts for a liquor-related offense is suspended pending the disposal of the criminal revision petition, subject to a personal bond and sureties.

What did the court decide?

Suspension of sentence awarded by trial and appellate courts pending revision, conditioned on furnishing a bond of Rs. 50,000 plus two sureties of Rs. 25,000 each.

Gopal Meena S/O Shri Banshidhar Meena 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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S.B. CRIMINAL MISC. BAIL APPLICATION (SUSPENSION OF SENTENCE) NO.769/2019

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S.B. Criminal Revision Petition No. 2447/2019

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Gopal Meena S/o Shri Banshidhar Meena, Aged About 27 Years, R/o Aandhi Police Station Aandhi, Jaipur Rural At Present R/o Panchwati, Police Station Pratapgarh, Distt. Alwar Raj. (At Present Confined In Central Jail Alwar)

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----Petitioner

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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 Petitioner(s) : Mr. Manu Bhargava 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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04/02/2020

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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 Civil Judge & Judicial Magistrate, Thanagazi vide judgment dated 1.9.17 in Criminal Case No. 242/15 and confirmed by Additional District Judge No.2, Alwar vide order/judgment dated 28.6.2019 in Criminal Appeal No. 40/2013.

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It is submitted by learned counsel for the petitioner that no case under Section 16/54 Rajasthan Excise Act is made out. It

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(2 of 2)

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[CRLR(SOS)-769/2019]

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was also submitted that petitioner is alleged to have committed offence for having 40 liters illegal liquor and the accusedpetitioner is in custody for the last about nine and half months. No other case of similar nature is pending against the petitioner. The hearing of revision will take time. In these circumstances, counsel for the petitioner prays for suspending the sentence award to the petitioner.

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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, but without expressing any opinion on the merits and demerits of the case, this application for suspension of sentence is allowed. It is ordered that the sentence awarded to the petitioner Gopal Meena S/o Shri Banshidhar Meena , by the trial court/appellate court shall remain suspended during the pendency of this Revision Petition, provided the petitioner 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 learned trial court with the stipulation that he shall appear before this Court on 4.3.2020 and thereafter, as and when called upon to do so.

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(ABHAY CHATURVEDI),J

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ANAND TANWAR /62

Gopal Meena S/O Shri Banshidhar Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gopal Meena S/O Shri Banshidhar Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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