Allowed

Ravi Kumar v. State of Rajasthan

Rajasthan HC19 Oct 2023SOSA/1005/2023

Case brief

AI extract

What is this about?

In a suspension of sentence application under Section 389 CrPC, the High Court allowed the release of an appellant convicted of attempted murder and grievous hurt on personal bond, citing that the appeal hearing is likely to be prolonged and the accused was on bail during trial.

What did the court decide?

Sentence suspended; applicant released on personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Ravi Kumar Vs State of Rajasthan — Execution and Attachment | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1005/2023

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Ravi Kumar S/o Ramesh Kumar, Aged About 29 Years, R/o Meghwalo Ka Mohalla, Bheenasar, Police Station Gangasheher, Bikaner. (At Present Lodged At Central Jail, Bikaner)

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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. Shreekant Verma
For Respondent(s)	: Mr. Gaurav Singh, PP Mr. Vikas K. Bishnoi

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HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

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Order

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19/10/2023

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The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 10.08.2023 passed by the learned Additional Sessions Judge, No.04, Bikaner, in Sessions Case No.02/2016 (CIS No.46/2016) whereby he was convicted for the offence under Sections 307/34, 325/34, 323/34, 341 of the IPC. The appellant is sentenced to suffer maximum imprisonment seven years and a fine of Rs.10,000/- and in default of payment of fine he has to undergo three months additional S.I for the offence under Section 307/34 of IPC.

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Taking into account the fact that the appeal has been admitted and hearing of the same is likely to take longtime; therefore, learned counsel submits the application for suspension of sentence may be granted.

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(2 of 3)

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Per contra, learned public prosecutor has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the appellant on application for suspension of sentence.

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Heard and perused the material available on record.

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Considering the submissions of learned counsel for the parties and looking to the totality of facts and circumstances of the case, more particularly the facts/fact that the accusedappellant was on bail during the course of trial and the hearing of appeal is likely to take further more time and considering the overall submissions while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the appeal, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Additional Sessions Judge, No.04, Bikaner, in Sessions Case No.02/2016 (CIS No.46/2016) against the applicant- Ravi Kumar S/o Ramesh Kumar, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail provided each executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 20.11.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That they will appear before the trial Court in the month of January of every year till the appeal is decided.

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(3 of 3)

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That if the applicants change the place of residence, they will give in writing their changed addresses to the trial Court as well as to the counsel in the High Court.

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Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

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(YOGENDRA KUMAR PUROHIT),J

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907-Hanuman/-

Ravi Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ravi Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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