Allowed

Rakesh v. State of Rajasthan

Rajasthan HC28 Jul 2021SOSA/216/2021

Case brief

AI extract

What is this about?

In two suspension of sentence applications filed by co-convicts in a criminal appeal, the High Court of Rs. Jodhpur suspended the sentences of the applicants and admitted them to bail, relying on parity with an order suspending the co-convict Devendra's sentence.

What did the court decide?

Suspension of the sentence of the applicants during the pendency of the appeal and admission to bail subject to the satisfaction of the trial court.

Rakesh 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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D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 215/2021

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D.B. Criminal Appeal No. 409/2016

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Jai Narain S/o Sh. Om Prakash Bishnoi, Aged About 35 Years,R/o 4 T.K. PS Muklawa, District Sri Ganganagar.

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(Presently Lodged In Central Jail, Sri Ganganagar).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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Connected With

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D.B. Criminal Misc III Suspension Of Sentence Application (Appeal) No. 216/2021

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D.B. Criminal Appeal No. 409/2016

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Rakesh S/o Sh. Om Prakash Bishnoi, Aged About 33 Years, R/o 4 T.K., P.S. Muklawa, Dist. Sri Ganganagar.

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(Presently Lodged In Central Jail, Sri Ganganagar).

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----Petitioner Versus

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State Of Rajasthan, Through Pp

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		----Respondent
For Petitioner(s)	: Mr.	Mahaveer Bishnoi,Advocate
For Respondent(s)	: Mr.	R.R. Chhaperwal for the State

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HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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28/07/2021

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Learned counsel for the applicants has submitted that sentence of similarly situated co-convict Devendra has already been suspended by this Court vide order dated 14.01.2021. The

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(2 of 2)

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[SOSA-215/2021]

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case of the applicants is on similar footing. So far as the foot moulds which were lifted from the spot are concerned, they did not match with the foot moulds of the applicants. So far as applicant Jai Narain is concerned, recovery of iron pipe has been shown from him. So far as applicant Rakesh is concerned, recovery of lathi has been shown from him. Recovery of bloodstained axe was shown from co-convict Devendra. However, sentence of co-convict Devendra has already been suspended by this Court.

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Learned State counsel has opposed the applications.

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Keeping in view the fact that sentence of co-convict has already been suspended by this Court, without expressing any opinion on merits of this case and on the ground of parity, the sentence of applicants is liable to be suspended during the pendency of the appeal.

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Accordingly, applications are allowed. The sentence of the applicants shall remain suspended during the pendency of the appeal. Applicants be admitted to bail subject to satisfaction of the trial Court.

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(VINIT KUMAR MATHUR),J

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(SABINA),J

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36-37/Vivek/-

Rakesh v. State of Rajasthan

Case brief

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Rakesh v. State of Rajasthan

Case brief

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