Allowed

Ramavtar S/O Chitar v. State of Rajasthan

Rajasthan HC2 Aug 2022SOSA/838/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an application for suspension of sentence pending appeal. The appellant, awaiting final hearing of his appeal on merits while already in custody, was granted release on bail with a personal bond and two sureties.

What did the court decide?

Application for suspension of sentence allowed; appellant released on bail with a personal bond of Rs.1,00,000 and two sureties.

Ramavtar S/O Chitar Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Misc. Application for Suspension of Sentence

¶3

No.838/2022

¶4

¶5

S.B. Criminal Appeal No. 1263/2022

¶6

Ramavtar S/o Chitar, Aged About 27 Years, Resident Of Mataji Ke Mandir Ke Pass, Police Station Shop, District Tonk (Rajasthan) (At Present Confined In District Jail Tonk)

¶7

----Appellant

¶8

Versus

¶9

State Of Rajasthan, R/o

¶10

----Respondent

¶11

For Appellant(s) : Mr. Nitin Kumar Sharma, Adv., on behalf of Mr. Tarun Jain, Adv. For Respondent(s) : Mr. Ganesh Saini, P.P.

¶12

HON'BLE MR. JUSTICE UMA SHANKER VYAS

¶13

Order

¶14

02/08/2022

¶15

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

¶16

Learned counsel for the accused-applicant submits that there is no reliable and legally acceptable evidence to hold the accusedapplicant guilty for the alleged offence(s) and there is every likelihood of succeeding in the criminal appeal. Learned counsel further submits that accused-applicant was on bail during trial and presently he is behind bars. He further submits that final hearing of the appeal is likely to take time thus sentence of the accusedapplicant may be suspended.

¶17

(2 of 2)

¶18

[SOSA-838/2022]

¶19

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

¶20

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

¶21

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.

¶22

Accordingly, subject to deposition of fine imposed by the learned trial Court on the accused-applicant, the application for suspension of sentence is allowed and it is ordered that the sentence of imprisonment awarded by the learned trial Court against the accused-applicant namely, Ramavtar S/o Chitar in Sessions Case No.05/2021 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 6^th September, 2022 and thereafter as and when called upon to do so.

¶23

(UMA SHANKER VYAS),J

¶24

KESHAV GHIYA /30

Ramavtar S/O Chitar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramavtar S/O Chitar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Saurabh Son of Late Ramlal Vs State of Rajasthan

Kailash Chand Pareek S/O Jagdish Vs State of Rajasthan

Gordhan Das Gupta (Khuwal) S/O Shri Poonam Chand Gupta Vs State of Rajasthan

Dharamveer Singh @ Sukhendra @ Sakua S/O Puran Singh Vs State of Rajasthan

Omprakash Sharma S/O Hardat Ram Sharma Vs State of Rajasthan

Gordhanlal and Anr. Vs Gopal Sharma and Ors.