Allowed

Ghasi S/O Tejkanwar v. State of Rajasthan

Rajasthan HC7 Jan 2022SOSA/1349/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the appellants' application for suspension of sentence. The Court noted that the complainants were aggressors, there was a cross-FIR with injuries on the appellants' side, co-accused had suspended sentences, and allowed the application.

What did the court decide?

Sentence awarded in Sessions Case No. 95/2008 shall remain suspended upon furnishing a bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Ghasi S/O Tejkanwar Vs State of Rajasthan — 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 Suspension of Sentence Application No. 1349/2021

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D.B. Criminal Appeal No. 126/2021

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Ghasi S/o Tejkanwar, R/o Kumharo Ki Dhani, Tan Gandlai, Police Station Ramgarh, Pachwara, District Dausa (Raj) (Accused/applicant Confined In Central Jail, Jaipur)

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Prabhu Lal S/o Govindram, R/o Kumharo Ki Dhani, Tan Gandlai, Police Station Ramgarh, Pachwara, District Dausa (Raj) (Accused/applicant Confined In Central Jail, Jaipur)

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Khevrya @ Khemraj S/o Panchu, R/o Kumharo Ki Dhani, Tan Gandlai, Police Station Ramgarh, Pachwara, District Dausa (Raj) (Accused/applicant Confined In Central Jail, Jaipur)

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Ghanshyam S/o Ramchandra, R/o Kumharo Ki Dhani, Tan Gandlai, Police Station Ramgarh, Pachwara, District Dausa (Raj) (Accused/applicant Confined In Central Jail, Jaipur)

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----Appellants

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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. Girraj Prasad Gadhwal, through VC Mr. Umesh Vyas, through VC For Complainant(s) : Mr. Ritesh Jain, through VC For State : Mr. Javed Choudhary, Addl. G.A.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Judgment / Order

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07/01/2022

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Defect/s pointed out by the registry in D.B. Criminal Suspension of Sentence Application No. 1349/2021 is waived.

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(2 of 3)

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[CRLAD-126/2021]

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Heard on application for suspension of sentence.

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It is contended by counsels for the appellants that entire family members were made accused in this case. Fifteen persons were tried, out of which one has expired and remaining fourteen persons stands convicted by the trial Court. It is also contended that there is a cross case and trial Court has come to the conclusion that the appellants’ were in possession of the disputed agricultural land and the complainants were the aggressor party. It is further contended that in the cross case, as many as ten persons were injured on the side of the appellants and the complainants side was also convicted. It is also contended that sentence of co-accused has been suspended by this Court.

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Learned Additional Government Advocate and counsel for the complainant have opposed the application for suspension of sentence.

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We have considered the contentions.

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In view of the fact that the complainant side were the aggressor party, there is cross FIR, sentence of co-accused has been suspended by this Court and considering the contentions of counsel for the appellants, application for suspension of sentence is allowed.

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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. 95/2008 (CIS No. 151/2018) shall remain suspended if the appellants furnishes 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

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(3 of 3)

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[CRLAD-126/2021]

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satisfaction of the learned trial Court to the effect that they shall

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

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(CHANDRA KUMAR SONGARA),J

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(PANKAJ BHANDARI),J

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NIKHIL KR. YADAV /010

Ghasi S/O Tejkanwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ghasi S/O Tejkanwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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