Allowed

Rajaram Son of Ratan Lal v. State of Rajasthan

Rajasthan HC12 Sept 2023SOSA/1252/2023

Case brief

AI extract

What is this about?

This order allowed a suspension of sentence application in a criminal appeal. The bench noted the applicants had spent over five years in custody for a road accident. They ordered sentence suspension pending appeal upon furnishing a bond of Rs. 1 lakh and two sureties.

What did the court decide?

Suspension of sentence awarded in Sessions Case No.55/2018 allowed, conditional upon furnishing a personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

Rajaram Son of Ratan Lal Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2023)

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[2023:RJ-JP:22117-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1252/2023

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D.B. Criminal Appeal No.221/2023

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Rajaram Son Of Ratan Lal, Resident Of Chhoti Taal Police Station Sunel District Jhalawar (Raj) (At Present In District Jail, Jhalawar)

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Sujan Singh Son Of Ratan Lal, Resident Of Chhoti Taal Police Station Sunel District Jhalawar (Raj) (At Present In District Jail, Jhalawar)

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Gyan Singh Son Of Udaji, Resident Of Chhoti Taal Police Station Sunel District Jhalawar (Raj) (At Present In District Jail, Jhalawar)

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Bhagwan Singh Son Of Sujan Singh, Resident Of Chandloi, Police Station Sadar Jhalawar District Jhalawar (Raj) (At Present In District Jail, Jhalawar)

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----Petitioners

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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. Shyam Bihari Gautam, Adv. For State : Mr. N.S. Gurjar, Asst. GA For Complainant : Mr. Sanjay Kumar Sharma, Adv.

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

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12/09/2023

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Accused/ applicants have preferred this suspension of sentence application.

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Heard on suspension of sentence application.

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It is contended by counsel for the applicants that applicants have remained in custody for a period of five years and two months. The allegation of hitting the vehicle is on Kanhiram. It is also contended that a road accident has been made an offence of Section 302 IPC and applicants have been convicted

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[2023:RJ-JP:22117-DB]

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[SOSA-1252/2023]

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(2 of 2)

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with aid of Section 120-B of IPC. It is also contended that in the FIR, name of only Kanhiram & Rajaram is appearing and later on, the entire family members have been made accused in this case.

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Learned Asst. Government Advocate and counsel for the complainant have opposed the suspension of sentence application. It is contended by counsel for the complainant that there is a dispute between the parties. The accused side had threatened to kill the members of the complainant side, for which a complaint was lodged a year ago, prior to the incident. It is also contended that after seeing the bumper approaching the bolero, bolero was stuck by the driver, however, the accused side intentionally accidented the vehicle, as a result of which, one person expired.

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We have considered the contentions.

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Taking note of the fact that applicants were not driving the vehicle and have remained in custody for a period of five years and two months; disposal of appeal is bound to take time, we deem it proper to allow the suspension of sentence application.

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Accordingly, suspension of sentence application. is allowed. It is ordered that the sentence awarded to accusedappellant in Sessions Case No.55/2018 shall remain suspended if the applicants furnish a personal bond of Rs.1,00,000/-(one lac only) and two sureties of Rs.50,000/- (fifty thousand only) each to the satisfaction of the learned trial Court to the effect that they shall appear before this Court as and when called upon to do so.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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CHANDAN /18

Rajaram Son of Ratan Lal v. State of Rajasthan

Case brief

What is this about?

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Rajaram Son of Ratan Lal v. State of Rajasthan

Case brief

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What did the court decide?

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