Quashed

Mahendar Kumar Son of Rameshwar Lal v. State of Rajasthan

Rajasthan HC12 Apr 2023SOSA/122/2022

Case brief

AI extract

What is this about?

This order dismisses a second application for suspension of sentence. The court refused to entertain the application citing the heinous nature of the gang rape of a 14-year-old girl and prior rejection. However, it listed the appeal for final hearing due to over-ten-years custody.

What did the court decide?

Second application for suspension of sentence dismissed; appeal listed for final hearing.

Mahendar Kumar Son of Rameshwar Lal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023/RJJP/006383]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc. Second Suspension Of Sentence Application (Appeal) No. 122/2022

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D.B. Criminal Appeal No.666/2017

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Mahendar Kumar Son Of Rameshwar Lal, Resident Of Dhani Mavaliyon Ki Tan Parasrampura, Police Station Ringas District Sikar (Raj) (At Present Accused Appellant Confined In District Jail Sikar)

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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) : Ms. Bismad Kaur and Mr. Sudhir Joshi for Mr. K.K. Bhinda, Adv. For Respondent(s) : Ms. Alka Bhatnagar, AGA

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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12/04/2023

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This second application for suspension of sentence has been filed on the ground that appellant has remained in custody for a period of more than 10 years including remission.

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Heard on second application for suspension of sentence.

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It is contended by counsel for the appellant that appellant was a young boy at the time of alleged offence. He has already remained in custody for a period of more than ten years. Disposal of appeal is bound to take time.

[2023/RJJP/006383]

[SOSA-122/2022]

(2 of 2)

Learned Addl. Government Advocate has opposed the second application for suspension of sentence. It is contended that gang rape was committed with a 14 year old girl, who was picked up and carried away in a bolero vehicle. It is also contended that in such heinous offence, custody period should not be the sole ground for entertaining the suspension of sentence application.

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We have considered the contentions.

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The first suspension of sentence application was dismissed on 31.07.2017 by the Court considering the statement of the prosecutrix, who is a young girl aged 14 years and she was gang raped; suspension of sentence application cannot be allowed on the ground that appellant has remained in custody for a period of more than 10 years since there are extenuating circumstances against the appellant.

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In view of the same, we are not inclined to entertain the second suspension of sentence application and the same is accordingly, dismissed.

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However, taking note of the fact that appellant has remained in custody for a period of more than ten years, let the appeal be listed for final hearing as per its turn.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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CHANDAN /15

Mahendar Kumar Son of Rameshwar Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahendar Kumar Son of Rameshwar Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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