The High Court allowed the accused-applicant's application for suspension of sentence, requiring a personal bond and two sureties, citing the lack of specific overt acts and the pending appeal as material factors.
Sentence suspended contingent upon furnishing a personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JP:18744-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 1131/2023
In
D.B. Criminal Appeal No.202/2023
Buddhi Prakash Son Of Dhanpal, Aged About 19 Years, Resident Of Pipalwada, Police Station Rawajana Doongar, District Sawai Madhopur (Raj). (At Present In District Sawai Madhopur).
----Applicant
Versus
State of Rajasthan, Through P.P.
----Respondent
For Applicant(s) : Mr. Shyam Bihari Gautam For State : Ms. Alka Bhatnagar, Addl. G.A. For : None Present Complainant/Victim
HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL
Order
23/08/2023
suspension of sentence.
(2 of 3) [SOSA-1131/2023]
[2023:RJ-JP:18744-DB]
has been acquitted and case of the present applicant is akin to that of one, who has been acquitted. It is further contended that applicant was on bail during trial.
(3 of 3)
[2023:RJ-JP:18744-DB]
[SOSA-1131/2023]
sureties of Rs.50,000/- each to the satisfaction of the learned Trial
Court to the effect that he shall appear before this Court as and when called upon to do so.
(BHUWAN GOYAL),J
(PANKAJ BHANDARI),J
AMIT/60
1 issue framed by the court
Whether the application for suspension of sentence can be allowed given the lack of overt acts assigned and the pending appeal.
Buddhi Prakash Son Of Dhanpal
State of Rajasthan
PANKAJ BHANDARI
BHUWAN GOYAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
