Allowed

Shankarlal S/O Ladunath v. State of Rajasthan

Rajasthan HC17 Nov 2021SOSR/261/2021

Case brief

AI extract

What is this about?

Allowed a suspension of sentence application filed by an appellant convicted under sections 279, 337, 338, 304A of IPC and sections 134, 184, 187 of Motor Vehicles Act. Directed that execution of the sentence shall remain suspended during the pendency of the petition upon furnishing a personal bond with sufficient sureties.

What did the court decide?

Execution of the sentence awarded by the Trial Court and affirmed by the Appellate Court shall remain suspended during the pendency of the petition, on the condition of furnishing a personal bond of R

Shankarlal S/O Ladunath Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Misc. Suspension of Sentence

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Application No.261/2021

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S.B. Criminal Revision Petition No. 999/2021

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Shankarlal S/o Ladunath, Aged About 36 Years, R/o Medi Kachnariya Police Station Dablana District Bundi (Rajasthan) (Accused Petitioner Is Confined At Central Jail Baran)

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----Accused-Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Non-Petitioner

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For Petitioner(s) : Mr. Yogesh Chawla For Respondent(s) : Mr. Imran Khan, P.P.

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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17/11/2021

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This suspension of sentence application has been filed by the applicant seeking suspension of his sentence.

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Learned counsel for the applicant has contended that the applicant was convicted by the Trial Court vide its judgment dated 10.01.2020 for the offence under Section(s) 279, 337, 338 & 304A IPC and for the offence under Section(s) 112(1)(2)134/187, 184 & 185 of Motor Vehicles Act and sentenced as under:- For offence under Section 279 IPC- Simple Imprisonment of six months with a fine of Rs. 1,000/-; in default of payment of fine, to further undergo Simple Imprisonment of fifteen days.

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(2 of 3)

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[SOSR-261/2021]

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For offence under Section 337 IPC- Simple Imprisonment of six months with a fine of Rs.500/-; in default of payment of fine, to further undergo simple imprisonment of ten days.

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For offence under Section 338 IPC- Simple Imprisonment of one year with a fine of Rs.1,000/-; in default of payment of fine, to further undergo simple imprisonment of fifteen days. For offence under Section 304A IPC- Simple Imprisonment of two years with a fine of Rs.5,000/-; in default of payment of fine, to further undergo simple imprisonment of two months.

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For offence under Section 184 M.V. Act- Simple Imprisonment of three months with a fine of Rs.1,000/-; in default of payment of fine, to further undergo simple imprisonment of ten days. For offence under Section 134/187 M.V. Act- Simple Imprisonment of three months with a fine of Rs.500/-; in default of payment of fine, to further undergo simple imprisonment of seven days.

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The appellant-applicant thereafter filed an appeal, but the appellate Court vide its judgment dated 20.03.2021 dismissed the appeal and affirmed the judgment passed by the Trial Court.

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Learned counsel further submits that the accused applicant is behind bars since long. He has prayed that this application for suspension of sentence of the applicant may be allowed and sentence of the applicant may be suspended during the pendency of the petition.

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Learned Public Prosecutor has opposed same.

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Having heard the learned counsel appearing for the respective parties and carefully scanned the entire material available on record, this suspension of sentence application filed by the applicant is allowed and it is ordered that execution of sentence awarded to accused applicant Shankarlal S/o

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(3 of 3)

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[SOSR-261/2021]

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Ladunath by the Trial Court and affirmed by the Appellate Court shall remain suspended during the pendency of the petition, provided he furnishes a personal bond of Rs. 1,00,000/- (Rs. One Lakh) with two sureties of Rs.50,000/- (Rupees Fifty Thousand) each before the concerned Trial Court to the satisfaction of the learned trial court with the stipulation that he shall appear before this Court on 17^th December, 2021 and thereafter as and when called upon to do so.

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(UMA SHANKER VYAS),J

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DANISH USMANI /20

Shankarlal S/O Ladunath v. State of Rajasthan

Case brief

What is this about?

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Shankarlal S/O Ladunath v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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