Allowed

Vijay v. State

Rajasthan HC1 Feb 2021SOSA/324/2020

Case brief

AI extract

What is this about?

The High Court allowed the appellant's suspension of sentence application under Sec.389 Cr.P.C. after perusing the statement of the deceased wife. The substantive sentence was suspended until the final disposal of the appeal, subject to the appellant executing a personal bond with sureties and adhering to specific conditions regarding residence and appearance.

What did the court decide?

The substantive sentence shall remain suspended until the final disposal of the appeal, provided the appellant executes a bond with sureties and complies with specified conditions.

Vijay Vs State — Bail and Remand | Rajasthan HC (2021)

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(1 of 2)

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[SOSA-324/2020]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 324/2020

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Vijay S/o Shri Dadam Chand, Aged About 24 Years, By Caste Bareth, R/o Amba Nagar, Nai Singari, Nimbahera Kotwali Police Station, Nimbahera, District Chittorgarh. (Lodged In District Jail, Chittorgarh).

----Petitioner

Versus

State of Rajasthan.

	----Respondent
For Petitioner(s)	: Mr. Mridul Jain with Mr. Bhagat Dadhich
For Respondent(s)	: Mr. Vikram Sharma, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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01/02/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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Heard learned counsel for the parties.

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Learned counsel for the appellant has shown this Court the Exhibit-P.8, which is the statement of the deceased-wife of the appellant, recorded in the presence of the doctor, in which, she has stated that she was boiling eggs, while her saree caught fire.

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Counsel for the appellant further submits that the appellant is in custody since 21.02.2018.

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Learned Public Prosecutor opposes the suspension of sentence application.

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This Court, upon considering the submissions made by learned counsel for the appellant, while perusing the statement rendered by the deceased, is inclined to suspend the substantive sentence awarded to the accused-appellant.

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(2 of 2)

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[SOSA-324/2020]

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Accordingly, this S.B. Suspension of Sentence Application (Appeal) filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 16.10.2019 in Sessions Case No.13/2018 against appellant Vijay S/o Shri Dadam Chand shall remain suspended till final disposal of the aforesaid appeal, provided he executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 01.03.2021 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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That he will appear before the trial Court in the month of January of every year till the appeal is decided.

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That if the appellant changes the place of residence, he will give in writing his 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, they will give in writing their changed address to the trial Court.

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The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedappellant was 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 relating to pendency and disposal of cases in the trial court. In case the said accused-appellant 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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(DR.PUSHPENDRA SINGH BHATI),J.

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82-Zeeshan/-

Vijay v. State

Case brief

What is this about?

What did the court decide?

Vijay v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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