Allowed

Sukhvendra Singh Son of Shri Mohan Singh v. State of Rajasthan

Rajasthan HC1 Dec 2021SOSA/962/2021

Case brief

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What is this about?

The Hon'ble High Court of Rajasthan dismissed the appeal against conviction and sentence pending its disposal but allowed the appellant's application for suspension of sentence.

What did the court decide?

Application for suspension of sentence allowed; appellant to be released on bail subject to furnishing personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Sukhvendra Singh Son of Shri Mohan Singh Vs State of… — Bail and Remand | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Suspension of Sentence Application No.962/2021

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S.B. Criminal Appeal No. 1560/2021

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Sukhvendra Singh Son Of Shri Mohan Singh, Resident Of Arnetha Phatak, Police Station Keshoraypatan, District Bundi Rajasthan

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(At Present Confined Is In Central Jail Kota)

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----Accused/Appellant

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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 Appellant(s) : Mr. Liyakat Ali For Respondent(s) : Mr. Imran Khan, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

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Order

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01/12/2021

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Heard on application for suspension of sentence.

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The appellant has filed the appeal along with application for suspension of sentence.

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This appeal has been preferred against the judgment of conviction and sentence dated 18.08.2021 passed by the Court of Additional Sessions Judge, No.6, Kota in Sessions Case No.229/2012(CIS No.87444/2014), by which the appellant has been convicted under Section 398 of IPC and sentenced to maximum term of seven years.

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It has been submitted on behalf of the appellant that the appellant has been sentenced to a maximum term of seven years

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(2 of 2)

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of imprisonment for offfence under Section 398 of IPC. As per

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certificate under Rule 311(3) of the Rajashtan High Court Rules, the appellant was on bail during trial and now, he is in custody since 18.08.2021. The evidence of prosecution suffers from material contradictions and infirmities. Sentence of co-accused Guruvender Singh has been suspended by this court vide order dated 22.11.2021. Appellant’s matter is not different from that of him. Hearing of appeal may take long time.

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Learned Public Prosecutor has opposed the application for suspension of sentence.

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Heard learned counsel for the parties and scanned the evidence available on record carefully.

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Taking into consideration the submissions of learned counsel for the appellant, overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems just and proper to allow the application for suspension of sentence.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accusedappellant Sukhvendra Singh S/o Shri Mohan Singh shall remain suspended till disposal of this criminal appeal and he be released on bail, provided the appellant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance in this Court on 03^rd January, 2022 and as and when called upon to do so.

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(MANOJ KUMAR VYAS),J

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Hemant/83

Sukhvendra Singh Son of Shri Mohan Singh v. State of Rajasthan

Case brief

What is this about?

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Sukhvendra Singh Son of Shri Mohan Singh v. State of Rajasthan

Case brief

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