Allowed

Jagdish S/O Shri Mahir Singh Jat v. State of Rajasthan

Rajasthan HC23 Feb 2022SOSA/155/2022

Case brief

AI extract

What is this about?

The Hon'ble High Court of Judicature for Rajasthan Bench at Jaipur allowed the appellant's third application for suspension of sentence. Exercising discretion due to the appellant's six-year custody and the co-accused having suspended sentence, the Court ordered suspension conditional on a personal bond of Rs.1,00,000 and two sureties of Rs.50,000 each.

What did the court decide?

Third suspension of sentence application allowed; sentence to remain suspended upon furnishing a personal bond of Rs.1,00,000 and two sureties of Rs.50,000 each.

Jagdish S/O Shri Mahir Singh Jat 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. Third Suspension of Sentence Application No.155/2022

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D.B. Criminal Appeal No. 434/2015

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Jagdish S/o Shri Mahir Singh Jat, resident of Adhipada, Police Station Matloda, District Panipat(Haryana), presently residing at House No.18/157 RPA, Shastri Nagar, Jaipur(Rajasthan). (Presently confined in Central Jail Jaipur).

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----Appellant

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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. Lakhan Singh Tomar through VC Mr. Nitin Jain For State : Ms Rekha Madnani, AGA For Complainant(s) : Mr. Bheem Singh Bairwa through VC

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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-appellant has preferred this third application for

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suspension of sentence.

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Heard on third application for suspension of sentence.

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It is contended by counsel for the appellant that sentence of co-accused has been suspended by the Court. It is also contended that appellant has remained in custody for a period of six years. It is further contended that second application for suspension of sentence was dismissed on 13.10.2017.

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(2 of 2)

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[SOSA-155/2022]

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Learned Additional Govt. Advocate has opposed the third application for suspension of sentence.

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We have considered the contentions.

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Considering the contentions put forth by counsel for the appellant and taking note of the fact that sentence of co-accused has been suspended by the Court, appellant has remained in custody for a period of six years and even after rejection of second application for suspension of sentence on 13.10.2017, after lapse of four years and four months appeal has not been taken up for hearing, we deem it proper to allow the third application for suspension of sentence.

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Accordingly, the third suspension of sentence application is allowed. It is ordered that the sentence awarded to accused appellant in Sessions Case No.67/2012 shall remain suspended if the appellant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court to the effect that he shall appear before this Court as and when called upon to do so.

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(ANOOP KUMAR DHAND),J (PANKAJ BHANDARI),J HEENA/02

Jagdish S/O Shri Mahir Singh Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jagdish S/O Shri Mahir Singh Jat v. State of Rajasthan

Case brief

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