Allowed

Vimal Dulariya S/O Shri Kaluram Raigar v. State of Rajasthan

Rajasthan HC22 Feb 2022SOSA/68/2022

Case brief

AI extract

What is this about?

A Division Bench allowed a suspension of sentence application by an accused appellant untenanted in Central Jail, into account that the initial complaint did not allege rape and the prosecution was nearing majority, ordering a personal bond. A one-line order.

What did the court decide?

Sentence in Sessions Case No. 09/2019 is suspended if a personal bond of Rs.1,00,00/- and two sureties of Rs.50,000/- each are furnished.

Vimal Dulariya S/O Shri Kaluram Raigar Vs State… — 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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68/2022

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D.B. Criminal Appeal No. 35/2021

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Vimal Dulariya S/o Sh. Kaluram Raigar, Aged About 22 Years, R/o Devla Police Station Jobner, District Jaipur (At Present In Central Jail, Jaipur)

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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. Rinesh Gupta with Ms. Savita Nathawat For Respondent(s) : Ms. Rekha Madnani, AGA

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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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22/02/2022

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Accused-appellant has preferred this application for 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 appellant that prior to

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lodging of FIR, a complaint was made by the victim and in that complaint there was no allegation with regard to rape. It is also contended that prosecutrix was nearing the age of majority and the appellant was also the age of 21 years. It is further contended that appellant has remained in custody for a period of more than 3 and a half years.

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(2 of 2)

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[CRLAD-35/2021]

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Learned Additional Government Advocate has opposed the application for suspension of sentence. It is contended that prosecutrix is a minor girl who has levelled allegation of rape.

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We have considered the contentions.

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Taking note of the fact that in the initial complaint there was no allegation with regard to rape, appellant has remained in custody for a period of more than three and a half years, disposal of the appeal is bound to take time and considering the contentions put forth by counsel for the appellant, 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 accusedapplicant in Sessions Case No. 09/2019 shall remain suspended if the appellant 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 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

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(PANKAJ BHANDARI),J

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Ritu/20

Vimal Dulariya S/O Shri Kaluram Raigar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vimal Dulariya S/O Shri Kaluram Raigar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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