Allowed

Maniram S/O Shri Chatra Gurjar v. State of Rajasthan

Rajasthan HC10 Nov 2021SOSR/291/2021

Case brief

AI extract

What is this about?

The High Court allowed the suspension of sentence application filed by an applicant convicted for offences under Sections 279 and 304A IPC, ordering the execution of the sentence suspended pending the petition upon furnishing a personal bond and sureties.

What did the court decide?

Sentence to be suspended pending the pendency of the petition subject to furnishing a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each and complying with court orders.

Maniram S/O Shri Chatra Gurjar Vs State of Rajasthan — 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.291/2021

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S.B. Criminal Revision Petition No.1096/2021

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Maniram S/o Shri Chatra Gurjar, Aged About 30 Years, R/o Saimra Mafi, Police Station Rudawal, District Bharatpur ( Confined In Sub Jail Bayana District Bharatpur)

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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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For Petitioner(s) : Mr. Navankur Dubey For Respondent(s) : Mr. Imran Khan, PP

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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10/11/2021

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

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Learned counsel for the applicant has contended that the applicant was convicted by the Trial Court vide its judgment dated 07.10.2015 for the offence under Sections 279 & 304A IPC and sentenced to undergo six months’ SI for offence under Section 279 IPC and to undergo one year SI for offence under Section 304A IPC with a fine of Rs.500/-; in default of payment of fine, to further undergo seven days’ SI. He filed an appeal, but the appellate Court vide its judgment dated 05.10.2021 dismissed the appeal and affirmed the judgment passed by the Trial Court.

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(2 of 2) [291SOS2021]

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Learned counsel for the applicant further submits that during the course of trial, the accused-applicant was on bail and he is presently behind bars. In support of his submissions, he has annexed the Certificate under Rule 311 of the Rajasthan High Court Rules. In this view of the matter, 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 namely, Maniram S/o Shri Chatra Gurjar 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 13^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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FBOHRA/6-26

Maniram S/O Shri Chatra Gurjar v. State of Rajasthan

Case brief

What is this about?

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Maniram S/O Shri Chatra Gurjar v. State of Rajasthan

Case brief

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