Allowed

Karanpuri v. State of Rajasthan

Rajasthan HC5 Jan 2023SOSA/9/2023

Case brief

AI extract

What is this about?

This court allowed the application for suspension of sentence filed by the appellant, an aged convicted prisoner, considering his age, bail status during trial, and the time required for appeal disposal. The sentence is suspended pending appeal final disposal, subject to bail conditions.

What did the court decide?

Application for suspension of sentence allowed; sentences suspended pending appeal disposal; appellant to release on bail upon executing personal bond with two sureties.

Karanpuri Vs State of Rajasthan — Corruption | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Application (Suspension of Sentence) No.9/2023

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S.B. Criminal Appeal No. 10/2023

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Karanpuri S/o Prabhupuri, Aged About 63 Years, R/o Village Post Langera, Police Station Rural Barmer. Former Platoon Commander, E-Company Border Home Guard, Chouhtan District Barmer.

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Appellant(s) : Mr. R.S. Choudhary For Respondent(s) : Mr. S.S. Rajpurohit, PP

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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05/01/2023

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Heard learned counsel for the applicant-appellant and learned Public Prosecutor for the State on application for suspension of sentences. Perused the material available on record. It is contended by the counsel for the appellantapplicant that appellant-Karanpuri S/o Prabhupuri has been convicted for the offences under Sections 7, 13(1)(d) r.w. Section 13 (2) of the Prevention of Corruption Act and sentenced to undergo three years’ rigorous imprisonment. Learned counsel further submits that the appellant-applicant is on bail during trial and disposal of the appeal will consume time thus, sentence awarded to him may be suspended during pendency of the appeal.

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(2 of 2)

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[SOSA-9/2023]

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Learned Public Prosecutor has opposed the application for suspension of sentence.

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I have heard and considered the arguments advanced by the counsel for the parties and have gone through the material available on record.

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Having considered the facts and circumstances and particularly the fact that appellant-applicant is an old man aged 63 years and sentences imposed upon him by the trial Court is for three years’ imprisonment, and he is on bail during trial, disposal of appeal will consume time, therefore, this Court deems it fit and proper to allow the application for suspension of sentence filed by the appellant-applicant.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, PC Act Cases No.1, Jodhpur vide judgment dated 19.12.2022 in Criminal Case No.01/17 against the appellant-applicant Karanpuri S/o Prabhupuri shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/each to the satisfaction of the learned trial Judgefor his appearance in this court on 06.02.2023 and whenever ordered to do so.

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(VINOD KUMAR BHARWANI),J

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25-Mamta/-

Karanpuri v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Karanpuri v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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