Allowed

Sonu @ Lokesh Son of Shambhupuri v. State of Rajasthan

Rajasthan HC19 Apr 2023SOSA/149/2023

Case brief

AI extract

What is this about?

This order allows an application for suspension of sentence filed by two appellants accused of kidnapping. The Court deemed it appropriate to grant suspension considering their six-and-a-half-year custody, lack of veil during identification, and expected disposal time, contingent upon furnishing a personal bond and sureties.

What did the court decide?

The application for suspension of sentence is allowed; appellants must furnish a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Sonu @ Lokesh Son of Shambhupuri Vs State of… — Criminal Trial and Appeal | Rajasthan HC (2023)

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[2023/RJJP/007264]

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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. 149/2023

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D.B. Criminal Appeal No.88/2022

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Sonu @ Lokesh Son Of Shambhupuri, Aged About 30 Years, Resident Of Jaitpura, Police Station Bhinay, District Ajmer (Raj) (At Present In Central Jail Ajmer)

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Hemraj Son Of Shri Chhotu, Aged About 36 Years, Resident Of Jaitpura, Police Station Bhinay, District Ajmer (Raj) At Present In Central Jail Ajmer)

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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 Respondent(s) : Mr. Javed Choudhary, AGA Mr. Deshraj Kalwania, Adv.

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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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19/04/2023

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Accused-appellants have preferred this application for suspension of sentence.

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Heard on application for suspension of sentence.

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It is contended by counsel for the appellants that that the appellants have remained in custody for a period of about six and a half years. The main allegation in this case is against Gopal. Appellants have been implicated on the basis of test identification parade. It is also contended that appellants were not kept in veil, therefore, the test identification parade Looses its credibility. It is

[2023/RJJP/007264]

[SOSA-149/2023]

(2 of 2)

further contended that initially the witness identified someone else but later, he pointed towards appellant-Sonu.

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Learned Addl. Government Advocate and counsel for the complainant have opposed the application for suspension of sentence. It is contended by counsel for the complainant that three persons had kidnapped the injured. Injured was knowing Gopal and therefore, in the initial examination, his name was disclosed. However, two other persons were not known to the injured. It is also contended that from the call details also, the presence of the appellants with the injured and other co-accused is established.

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We have considered the contentions.

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Taking note of the arguments advanced by counsel for the appellants; also taking note of the fact that appellants have remained in custody for a period of six and a half years; appellants were not kept under veil; disposal of appeal is bound to take time, we deem it proper to allow the application for suspension of sentence.

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Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accusedappellants in Sessions Case No.10/2016 shall remain suspended if the appellants 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 /20

Sonu @ Lokesh Son of Shambhupuri v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sonu @ Lokesh Son of Shambhupuri v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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