Allowed

Basant Lal Son of Jwala Prasad v. State of Rajasthan

Rajasthan HC21 Apr 2023SOSA/1559/2022

Case brief

AI extract

What is this about?

The High Court allowed a second application for suspension of sentence. Considering the applicant's four-and-a-half-year custody and the nature of the accident charge, the court suspended the sentence subject to a personal bond and two sureties.

What did the court decide?

The sentence awarded to the accused-applicant was suspended, subject to furnishing a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.

Basant Lal Son of Jwala Prasad Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023/RJJP/007712]

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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. 1559/2022

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D.B. Criminal Appeal No.77/2019

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Basant Lal Son Of Jwala Prasad, Aged About 23 Years, R/o Pabana, Police Station Mukandgarh District Jhunjhunu At Present Lodged In The District Jail, Jhunjhunu

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----Petitioner

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Versus

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State Of Rajasthan, Through The Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. Ashvin Garg, Adv. For Respondent(s) : Mr. Javed Choudhary, AGA. For Complainant(s) : Mr. Dinesh Bishnoi, 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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21/04/2023

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Accused-applicant has preferred this second application for suspension of sentence.

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Heard on second application for suspension of sentence.

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It is contended by counsel for the applicant that applicant has remained in custody for a period of 7 years and 4 months. The case rests on evidence of two witnesses i.e. P.W. 15 & P.W. 19, both are not reliable witnesses. The occurrence took place at dark & there were no lights and accident took place on the road.

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Learned Additional Government Advocate as well as counsel for the complainant have opposed the second suspension of

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(2 of 2) [SOSA-1559/2022]

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[2023/RJJP/007712]

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sentence application. It is contended by counsel for the complainant that the applicant had earlier threatened the deceased.

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We have considered the contentions.

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Considering the contentions of the counsel for the applicant; as also the fact that death was caused by an accident; the applicant has remained in custody for a period of 7 year and 4 months and disposal of appeal is bound to take time, we deem it proper to allow the second application for suspension of sentence. 7. Accordingly, the second application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused-applicant in Sessions Case No.16/2016 (55/16) [C.I.S. No.91/2016], shall remain suspended if the accused-applicant furnishes a personal bond of Rs.1,00,000/- and two 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.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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Keshav/12

Basant Lal Son of Jwala Prasad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Basant Lal Son of Jwala Prasad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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