Allowed

Rajendra Prasad Jain S/O Kanhaiyalal Jain v. State of Rajasthan

Rajasthan HC22 Oct 2021SOSR/246/2021

Case brief

AI extract

What is this about?

In this criminal revision suspended sentence matter, the High Court allowed the petitioner's application to suspend the sentence of three years' imprisonment awarded for cheating. The petitioner was released on bail upon furnishing a personal bond and two sureties while the revision proceeds.

What did the court decide?

Sentence suspended and petitioner released on bail on furnishing personal bond and two sureties pending disposal of revision.

Rajendra Prasad Jain S/O Kanhaiyalal Jain… — Pension and Retirement Benefits | 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

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Application No.246/2021

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S.B. Criminal Revision No. 947/2021

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Rajendra Prasad Jain S/o Kanhaiyalal Jain, Aged About 58 Years, R/o Village Bhanokhar, Via Ronejathan, Police Station Kathumar, District Alwar (Raj)

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(Presently Confined At District Jail Alwar)

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----Accused/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. P.S. Rajawat For Respondent(s) : Mr. Yashwant Kankhadia, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

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Order

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22/10/2021

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Heard on application for suspension of sentence.

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The petitioner has filed the revision petition along with application for suspension of sentence.

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This revision petition has been preferred against the judgment dated 07.09.2021 passed by the court of Additional District and Sessions Judge No.1, Alwar (the Appellate Court) in Criminal Appeal No.60/2014(CIS No.953/14), affirming the order dated 15.10.2014 passed by Additional Senior Civil Judge and

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(2 of 3)

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[CRLR-947/2021]

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Additional Chief Judicial Magistrate No.2, Alwar (the trial court) in Criminal Case No.23/281/2012, by which the petitioner has been convicted for offence/s under Section 420 of IPC and sentenced to maximum term of three years imprisonment.

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It has been submitted on behalf of learned counsel for the petitioner that the petitioner has been acquitted under Section 406 of IPC and he has been convicted under Section 420 of IPC and sentenced to maximum term of three years of imprisonment. The matter is of civil in nature. Civil suit is also pending. As per certificate under Rule 311(3) of the Rajasthan High Court Rules, the petitioner was on bail during trial as well as during pendency of appeal and now, he is in judicial custody since 07.09.2021. Decision of the revision petition will consume considerable 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 petitioner, overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems it 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 accused/petitioner Rajendra Prasad Jain S/o Kanhaiyalal Jain shall remain suspended till disposal of this revision petition and he be released on bail, provided the petitioner furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the

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(3 of 3) [CRLR-947/2021]

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satisfaction of the learned trial Court for his appearance in this Court on 23^rd November, 2021 and as and when called upon to do

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so.

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(MANOJ KUMAR VYAS),J

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Hemant/41

Rajendra Prasad Jain S/O Kanhaiyalal Jain v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajendra Prasad Jain S/O Kanhaiyalal Jain v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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