Allowed

Naveen Kumar S/O Madan Lal, v. State of Rajasthan

Rajasthan HC6 Dec 2023SOSA/1897/2023

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Vinod Kumar Bharwani allowed a suspension of sentence application under Section 389 Cr.P.C., ordering the applicant to furnish bond and appear in court while the appeal is pending.

What did the court decide?

Suspension of the awarded sentence during the pendency of the appeal subject to furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.

Naveen Kumar S/O Madan Lal, Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Suspension of Sentence Application No.1897/2023

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S.B. Criminal Appeal (Sb) No. 3491/2023

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Naveen Kumar S/o Madan Lal, Aged About 30 Years, R/o Fimun, Police Station Malpura Tonk, Presently Plot No. 226, Manoharpura Kacchi Basti, Police Station Jawahar Circle, Jaipur.

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----Appellant

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Versus

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State Of Rajasthan, Through Public Prosecutor 2. Hemsingh S/o Surjaram, R/o 373-A, Premnagar,jagatpura, Jawahar Circle, Jaipur, Presently E- 788, 789, Director, Sinewave Energy Saver Pvt. Ltd., Awadhpuri Colony, Jyoti Nagar, Jaipur.

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----Respondents

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For Appellant(s) : Mr. Amit Kumar Sharma 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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06/12/2023

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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 Sessions Judge, Jaipur Metropolitan I, vide its judgment dated 18.11.2023 in Sessions Case No.68/2023, whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of three years rigorous imprisonment with fine.

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(2 of 2) [CRLAS-3491/2023]

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Learned counsel appearing for the applicant-appellant submits that the applicant was on bail during trial and his sentence has been suspended for a period of one month by the learned Trial Court. Counsel further submits that the learned Trial Court has not appreciated the facts and circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded 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 Naveen Kumar S/o Madan Lal , 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 08.01.2024 and thereafter, as and when he is called upon to do so.

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(VINOD KUMAR BHARWANI),J

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Chhaya /SAURABH /80

Naveen Kumar S/O Madan Lal, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Naveen Kumar S/O Madan Lal, v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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