Allowed

Kapil S/O Jgdish, v. State of Rajasthan

Rajasthan HC14 Dec 2022SOSA/1622/2022

Case brief

AI extract

What is this about?

Allowed the application for suspension of sentence awarded to Kapil in Sessions Case No.18/2021 pending the appeal hearing, ordering release on bail upon furnishing bond and sureties.

What did the court decide?

Sentence in Sessions Case No.18/2021 suspended during appeal pendency; accused released on bail upon furnishing personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the trial court.

Kapil S/O Jgdish, 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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S.B. Criminal Misc. Suspension of Sentence Application No.1622/2022

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S.B. Criminal Appeal No. 2493/2022

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Kapil S/o Jgdish, Aged About 19 Years, R/o Village Khohari- Khurd, P.s. Tapukda, District Alwar.

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----Appellant

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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. Anupam Sharma, Adv. For : Mr. Suresh Kumar, PP Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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14/12/2022

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Heard learned counsel for the parties on the application filed for suspension of sentence and perused the entire material available on record.

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Learned counsel for the accused-applicant submits that there is no reliable and legally acceptable evidence to hold the accused-applicant guilty for the alleged offence(s) and there is every likelihood of succeeding in the criminal appeal. Learned counsel further submits that sentence of

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(2 of 3) [SOS-1622/2022 In CRLAS-2493/2022]

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accused-applicant has already been suspended by the learned Trial Court. He further submits that as final hearing of the appeal is likely to take time thus sentence of the accused-applicant may be suspended.

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Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence.

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I have considered the submissions made by learned counsel for the parties.

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Without commenting upon the merits/demerits of the case and considering the arguments advanced by the parties, this Court deems it just and proper to suspend the sentence awarded to the applicant.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court to the accused-applicant namely, Kapil S/o Jagdish in Sessions Case No.18/2021 shall remain suspended during pendency of the appeal and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation that he shall appear before this court on

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(3 of 3) [SOS-1622/2022 In CRLAS-2493/2022]

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17^th January, 2023 and thereafter as and when called

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upon to do so.

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(UMA SHANKER VYAS),J

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GAURAV SHARMA /163

Kapil S/O Jgdish, v. State of Rajasthan

Case brief

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Kapil S/O Jgdish, v. State of Rajasthan

Case brief

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