Allowed

Shyam Sunder S/O Ramesh Chand v. State of Rajasthan

Rajasthan HC3 Jan 2022SOSR/367/2021

Case brief

AI extract

What is this about?

Submitted that the applicant convicted and sentenced to imprisonment for offences under various IPC sections. Court allowed the suspension of sentence application, permitting the applicant to remain at large during the pendency of the petition subject to furnishing a bond and sureties.

What did the court decide?

Sentence awarded by Trial Court and affirmed by Appellate Court suspended during pendency of petition subject to bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.

Shyam Sunder S/O Ramesh Chand Vs State of… — Pension and Retirement Benefits | 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.367/2021

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S.B. Criminal Revision Petition No. 1405/2021

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Shyam Sunder S/o Ramesh Chand, Aged About 50 Years, R/o Lalsot Gangapur Road, Police Station Lalsot, Distt. Dausa (Raj) (Presently Confined In Jail At Bundi)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. SL Kumawat For Respondent(s) : Mr. Imran Khan, PP

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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03/01/2022

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This suspension of sentence application has been filed by the applicant seeking suspension of his sentence.

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Learned counsel for the applicant has contended that the applicant was convicted by the Trial Court vide its judgment dated 29.03.2014 for the offence under Section(s) 338, 279, 337, 304A of IPC and sentenced as under:-

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For offence under Section 338 IPC – simple imprisonment of one year with fine of Rs.500/-; in default of payment of fine, to further undergo simple imprisonment of two months’.

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For offence under Section 279 IPC – simple imprisonment of three months with fine of Rs.200/-; in default of payment of fine, to further undergo simple imprisonment of one month.

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(2 of 3)

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SOSR-367/2021

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For offence under Section 304A IPC – simple imprisonment of two years’ with fine of Rs.500/-; in default of payment of fine, to further undergo simple imprisonment of two months’.

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For offence under Section 337 IPC: simple imprisonment of three months’ with fine of Rs.200/-; in default of payment of fine, to further undergo simple imprisonment of one month.

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The appellant-applicant thereafter filed an appeal, but the appellate Court vide its judgment dated 08.12.2021 dismissed the appeal and affirmed the judgment passed by the Trial Court while acquitting him for the offence under Section 338 of the IPC.

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Learned counsel further submits that the accused applicant was on bail during trial and he is behind bars since long. The disposal of the revision is likely to take long time. He has prayed that this application for suspension of sentence of the applicant may be allowed and sentence of the applicant may be suspended during the pendency of the petition.

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Learned Public Prosecutor has opposed same.

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Having heard the learned counsel appearing for the respective parties and carefully scanned the entire material available on record, this suspension of sentence application filed by the applicant is allowed and it is ordered that execution of sentence awarded to accused applicant Shyam Sunder S/o Ramesh Chand by the Trial Court and affirmed by the Appellate Court shall remain suspended during the pendency of the petition, provided he furnishes a personal bond of Rs. 1,00,000/- (Rs. One Lakh) with two sureties of Rs.50,000/- (Rupees Fifty Thousand) each before the concerned Trial Court to the satisfaction of the learned trial court with the stipulation that he shall appear before

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(3 of 3)

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SOSR-367/2021

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this Court on 3 February, 2022 and thereafter as and when called upon to do so.

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(UMA SHANKER VYAS),J

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CHHAYA AWASTHI /32

Shyam Sunder S/O Ramesh Chand v. State of Rajasthan

Case brief

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Shyam Sunder S/O Ramesh Chand v. State of Rajasthan

Case brief

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