Allowed

Chotulal S/O Kalulal v. State of Rajasthan

Rajasthan HC14 Jun 2022SOSR/210/2022

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What is this about?

In a suspension of sentence application, the court allowed the petition, suspending the petitioner's sentence contingent upon the deposit of a fine of Rs.10,000/- within two weeks and execution of a personal bond with sureties to appear in court.

What did the court decide?

Sentence suspended pending deposit of fine of Rs.10,000/- within two weeks and execution of personal bond of Rs.50,000/- with sureties.

Chotulal S/O Kalulal Vs State of Rajasthan — Bail and Remand | 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.210/2022

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S.B. Criminal Revision Petition No. 736/2022

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Chotulal S/o Kalulal, R/o Hamau Police Station Modak, District Kota (Raj) (Presently Confined In Sub Jail Ramganjmandi District Kota)

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. Ajay Singh Yaduvanshi For Respondent(s) : Mr. Shyam Prakash Sharma, PP

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HON'BLE MR. JUSTICE SUDESH BANSAL (V.J.)

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Order

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14/06/2022

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Petitioner has challenged the impugned judgment dated 15.02.2020 passed by Additional Sessions Judge Ramganjmandi, District Kota, in appeal No. 118/2019, whereby the appeal has been dismissed and confirmed the judgment dated 15.11.2019 passed by the Judicial Magistrate, Ramganjmandi in criminal case No.1401/2017 (1401/2017) whereby petitioner has been convicted and sentence under Section 341, 323 & 325 of IPC to undergo two years simple imprisonment with fine of Rs.2000/- in default to further undergo two months simple imprisonment. The Appellate Court granted benefit of probation subject to payment of Rs.10,000/-. However, the petitioner could not deposit the fine amount within time prescribed by the Appellate Court.

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(2 of 2)

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Heard learned counsel for accused-petitioner as well as learned Public Prosecutor and perused the material available on record.

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Considering the facts and circumstances of the case where the appellate court has already passed order to grant benefit of probation on deposition of fine, but without commenting on merits of the case, this Court deems it just and proper to suspend the sentence awarded to the accused-petitioner.

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Accordingly, in case petitioner deposits amount of fine of Rs.10,000/- as directed by the appellate court within a period of two weeks from today, the sentence of the petitioner shall remain suspended, the application for suspension of sentence is allowed and it is ordered that the sentence passed by court below against the accused-petitioner- Chotulal S/o Kalulal shall remain suspended, provided he executes a personal bond in the sum of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the trial court for his appearance in this court on 18.07.2022 and as and when called upon to do so.

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(SUDESH BANSAL (V.J.)),J

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TN/126

Chotulal S/O Kalulal v. State of Rajasthan

Case brief

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Chotulal S/O Kalulal v. State of Rajasthan

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