Allowed

Poora Lal S/O Shri Balaram v. State of Rajasthan

Rajasthan HC7 Dec 2023SOSA/1527/2023

Case brief

AI extract

What is this about?

The Court allowed a Suspension of Sentence Application under Section 389 Cr.P.C., suspending the seven-year rigorous imprisonment awarded to the appellant pending the hearing of his criminal appeal, subject to the furnishing of a personal bond and two sureties.

What did the court decide?

Suspension of the execution of the seven-year rigorous imprisonment sentence during the pendency of the appeal, conditioned on the furnishing of a personal bond and two sureties.

Poora Lal S/O Shri Balaram Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2023)

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[2023:RJ-JP:38409]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1527/2023

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S.B. Criminal Appeal No.2290/2022

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Poora Lal S/o Shri Balaram, Aged About 35 Years, R/o Latiya Police Station Jharda, District Ujjan (M.p) (At Present Confined In Special Central Jail, Shyalawas, Dausa)

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----Appellant

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Appellant(s) : Mr. Govind Rawat For Respondent(s) : Mr. Imran Khan, P.P.

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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07/12/2023

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Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 389 of Cr.P.C. alongwith the appeal, to suspend the sentence awarded by the Court of Special Judge, NDPS Cases, Kota (Rajasthan) vide its judgment dated 20.07.2018 in Sessions Case No.76/2017, whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of seven years rigorous imprisonment with fine.

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Learned counsel appearing for the applicant-appellant submits that the applicant was not on bail during trial and he has been behind the bars for last more than six years and the hearing of the appeal will take a long time, hence, the sentence awarded

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[2023:RJ-JP:38409]

[SOSA-1527/2023]

to the applicant-appellant may be suspended during the pendency of the appeal.

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Learned Public Prosecutor has vehemently opposed the submissions made herein-above.

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Heard. Perused.

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Taking into consideration the conviction, term of sentence & the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellant during the pendency of the appeal.

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Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Poora Lal S/o Shri Balaram , by the learned Trial Court shall remain suspended during pendency of the appeal, provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial Court with the stipulation that he shall appear before this Court on 09.01.2024 and thereafter, as and when he is called upon to do so.

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(VINOD KUMAR BHARWANI),J

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SAURABH /29

Poora Lal S/O Shri Balaram v. State of Rajasthan

Case brief

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Poora Lal S/O Shri Balaram v. State of Rajasthan

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