Allowed

Harkesh S/O Prabhulal v. State of Rajasthan

Rajasthan HC4 Apr 2022SOSA/343/2022

Case brief

AI extract

What is this about?

Single judge allowed the suspension of sentence application while hearing the criminal appeal, releasing the appellant on bail with a personal bond and two sureties to appear before the court.

What did the court decide?

The sentence awarded by the trial Court is suspended during the pendency of the appeal, and the accused-appellant is released on bail subject to furnishing a bond.

Harkesh S/O Prabhulal 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

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No.343/2022

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S.B. Criminal Appeal No. 502/2022

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Harkesh S/o Prabhulal, Aged About 23 Years, R/o Dhamun Kalan, District Sawaimadhopur.

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----Accused/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. Jaswant Singh Rathore, Adv., for Mr. Teeka Ram Meena, Adv. For Respondent(s) : Mr. Ganesh Saini, P.P.

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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04/04/2022

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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 accused-applicant was on bail during trial and his sentence has already been suspended by the learned trial Court. He further submits that 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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(2 of 2)

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[SOSA-343/2022]

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Without commenting upon the merits of the case, I deem it just and proper to suspend the sentence awarded to the applicant. 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, Harkesh S/o Prabhulal in Sessions Case No.30/2018 (44/2018) shall remain suspended during pendency of 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 05^th May, 2022 and thereafter as and when called upon to do so.

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(UMA SHANKER VYAS),J

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DANISH USMANI /58

Harkesh S/O Prabhulal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Harkesh S/O Prabhulal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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