Allowed

Mahesh @ Mahesh Chand S/O Dharampal v. State of Rajasthan

Rajasthan HC23 Feb 2022SOSA/129/2022

Case brief

AI extract

What is this about?

This order allows a D.B. Criminal Misc. application for suspension of sentence by two accused-appellants, noting they were on bail during trial and facing general allegations alongside accused whose sentences were suspended.

What did the court decide?

Suspended the sentence awarded to the appellants in Sessions Case No. 2163/2014 upon furnishing a bond of Rs.1,00,000/- and two sureties.

Mahesh @ Mahesh Chand S/O Dharampal Vs State of… — Criminal Trial and Appeal | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc. Suspension of Sentence Application No.

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129/2022

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D.B. Criminal Appeal No. 201/2021

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Mahesh @ Mahesh Chand S/o Dharampal, R/o Village Sighan, P.S. Hindauncity District Karauli (Accused Presently Confined In Sub Jail, Hindauncity)

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Gabri S/o Babulal, R/o Village Sighan, P.S. Hindauncity District Karauli (Accused Presently Confined In Sub Jail, Hindauncity)

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----Accused-Appellants

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Appellant(s)	: Mr. N.A. Naqvi, Sr. Adv. assisted by Mr. Mukesh Kumar Meena
For Respondent(s)	: Mr. Javed Chaudhary, Additional Govt. Advocate Mr. Mukesh Chauhan Mr. Abdul Rahim Khan

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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23/02/2022

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Accused-appellants have preferred this application for

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suspension of sentence.

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Heard on application for suspension of sentence.

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It is contended by counsel for the appellants that the incident took place in the year 2004. It is further contended that

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(2 of 3) [CRLAD-201/2021]

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allegations were levelled against as many as 13 persons, out of which four persons stand acquitted. It is also contended that no overt act is assigned to the present appellants. It is further contended that the appellants were on bail during trial. It is also contended that sentence of co-accused Ramniwas and Mantu against whom there was allegation has been suspended.

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Learned State Counsel and learned counsel appearing for the complainant have opposed the application for suspension of sentence. It is contended by learned counsel for the complainant that the judgment against Mantu and Ramniwas was passed on 03.04.2006. It is further contended that the present appellants remained absconded and vide judgment dated 20.11.2021 other co-accused has been acquitted.

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We have considered the contentions.

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Taking note of the fact that there was general allegation and the appellants were on bail during trial, sentence of co-accused who have been convicted also stand suspended by the Court and considering the contentions put forth by counsel for the appellants, we deem it proper to allow the application for suspension of sentence.

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Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accusedapplicants in Sessions Case No. 2163/2014 shall remain suspended if each of the appellants furnish a personal bond of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court to the effect that they shall

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(3 of 3)

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[CRLAD-201/2021]

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appear before this Court as and when called upon to do so.

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(ANOOP KUMAR DHAND),J

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(PANKAJ BHANDARI),J

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Ritu/24

Mahesh @ Mahesh Chand S/O Dharampal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahesh @ Mahesh Chand S/O Dharampal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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