Allowed

Shiv Lal v. State of Rajasthan

Rajasthan HC1 Mar 2021RSTAY/786/2021

Case brief

AI extract

What is this about?

Single judge allowed suspension of sentence and bail to the petitioner, ordering release subject to bail conditions, appearance in trial court, and deposit of fine pending disposal of the writ petition.

What did the court decide?

Application allowed; substantive sentence suspended; petitioner released on bail subject to depositing fine, executing bond, and appearing in trial court regularly.

Shiv Lal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Stay/SOS No. 786/2021

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S.B.Criminal Writ Petition No.88/2021

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Shiv Lal S/o Balu Ram Pareek, Aged About 49 Years, resident of Hamirgarh, Police Station Hamirgarh, District Bhilwara Through His Wife Smt. Shyamu Devi W/o Shiv Lal, Aged About 46 Years, R/o Hamirgarh, Police Station Hamirgarh, District Bhilwara. (The Petitioner Shiv Lal At Present Lodged In District Jail, Bhilwara).

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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. Rajender Singh Charan. For Respondent(s) : Mr. Mukhtiyar Khan, P.P.

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Judgment / Order

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01/03/2021

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the record of the case.

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Upon a consideration of the arguments advanced on behalf of the petitioner and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused petitioner.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the substantive sentences passed by Learned Presiding Officer, Gram Nyayalaya, Suwana, District Bhilwara, vide order dated 03.02.2015 in Criminal Regular Case

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(2 of 3)

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[RSTAY-786/2021]

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No.798/2011 and as affirmed by Learned Additional Session Judge No.2, Bhilwara, in Criminal Appeal No.57/2015, vide order dated 03.02.2021 against the petitioner-Shiv Lal S/o Balu Ram Pareek, shall remain suspended till final disposal of the aforesaid criminal writ petition. The petitioner shall be released on bail subject to deposit the fine amount as imposed by the learned trial Court, provided he executes a personal bond in the sum of Rs.1,00,000/each with two sureties of Rs.50,000/- each of to the satisfaction of the learned trial Judge for his appearance in this court on 01.04.2021 and whenever ordered to do so till the disposal of the criminal writ petition 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 revision 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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Petitioner 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-petitioner(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-petitioner(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

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(3 of 3)

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[RSTAY-786/2021]

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relating to pendency and disposal of cases in the trial court. In case the said accused petitioner(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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147-Prashant/NK

Shiv Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shiv Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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