Allowed

Ramesh Chand S/O Late Sawa Chand v. State of Rajasthan

Rajasthan HC12 Jan 2023SOSA/11/2023

Case brief

AI extract

What is this about?

The High Court suspended the sentence awarded to accused-appellants convicted of offences under the IPC, allowing their release on bail subject to conditions including personal bond and appearance before the trial court.

What did the court decide?

Sentence suspended till final disposal of appeal on execution of personal bond with sureties and compliance with appearance conditions.

Ramesh Chand S/O Late Sawa Chand Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Application for Suspension of Sentence No.11/2023

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S.B. Criminal Appeal No. 2058/2022

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Ramesh Chand S/o Late Sawa Chand, R/o Dhani Deldi Tan Keshwana Rajput Police Thana Kotputli Jaipur (At Present Accused Appellant Are In Sub Jail Kotputli)

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Budharam S/o Late Sawa Chand, R/o Dhani Deldi Tan Keshwana Rajput Police Thana Kotputli Jaipur (At Present Accused Appellant Are In Sub Jail Kotputli)

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----Appellants

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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 Appellant(s) : Mr. Ravi Shankar Sharma For Respondent(s) : Mr. S.S. Mahla, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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12/01/2023

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Heard learned counsel for the accused-appellants and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 27.09.2022 passed by learned Additional Sessions Judge, No.3, Kotputli, Distt. Jaipur in Sessions Case No.84/2021 (CIS No.19/2006) whereby the accused-appellants have been convicted for the offences punishable under sections 147, 307/149, 323 & 341 IPC and has been sentenced with maximum of ten years simple imprisonment along with fine of Rs. 5000/-.

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(2 of 3) [SOSA-11/2023]

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Learned counsel for the accused-appellants submits that the trial court has grossly erred in convicting and sentencing the accused-appellants. It is submitted on behalf of the appellants that a false case has been foisted against them. There is a cross case for the same incident. He further submits that both the parties sustained injuries but it is not discernible at this stage as to which party was the aggressor. The matter requires reappreciation. The appellants are willing and ready to furnish bail bonds for their release. Therefore, the application for suspension of sentence may be granted and their sentence may be suspended.

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Learned Public Prosecutor has vehemently opposed the prayer made by learned counsel for the accused-appellants.

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Considering the overall submissions of the parties and looking to the totality of facts and circumstances of the case while refraining from passing any comments on the niceties of the matter, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellants.

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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.3, Kotputli, Distt. Jaipur vide judgment dated 27.09.2022 in Sessions Case No.84/2021 against the appellant-applicants- Ramesh Chand S/o Late Sawa Chand & Budharam S/o Late Sawa Chand, shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail provided each of them 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

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(3 of 3) [SOSA-11/2023]

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Judge for their appearance in this court on 13.02.2023 and

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

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

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The learned trial Court shall keep the record of attendance of the accused-applicants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedapplicants were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case, the said accused-applicants do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(FARJAND ALI),J

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SAHIL SONI /105-SOSA

Ramesh Chand S/O Late Sawa Chand v. State of Rajasthan

Case brief

What is this about?

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Ramesh Chand S/O Late Sawa Chand v. State of Rajasthan

Case brief

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What the court decided

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