The High Court suspended the substantive sentence and granted bail to convicted appellants Babulal and Dilip Nakwal during the pendency of their appeals against conviction and sentencing for murder and other offences.
Suspension of substantive sentence and release on bail pending disposal of appeals upon execution of personal bond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/010347]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 500/2022
Babulal S/o Shri Rampal Chanal (Harijan), Aged About 43 Years, R/o Gandhi Nagr, Kachhi Basti, 498-Malla Talai, P.s. Amba Mata, Udaipur, District Udaipur (Raj.) (Presently Lodged At Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 257/2022
Dilip Nakwal S/o Shri Ashok Nakwal, Aged About 31 Years, R/o House No. 809, Gandhi Nagar, Kachhi Basti, Malla Talai, Police Station Amba Mata, Udaipur, District Udaipur (Rajasthan) (At Present Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Chaitanya Gehlot. |
|---|---|---|
| Mr. | Pradeep Shah with | |
| Mr. | Ram Singh Rawal. | |
| For Respondent(s) | : Mr. |
B.R. Bishnoi,P.P. |
HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
17/04/2023
(2 of 4)
[2023/RJJD/010347]
[SOSA-500/2022]
Additional Sessions Judge No.4, Udaipur, in Session Case No.41/2018 (CIS No.285/2018):
| Offences | Sentence | Fine | ||
|---|---|---|---|---|
| 302/149 IPC | Life Imprisonment | Rs.50,000/ default of undergo additional |
- each which Six S.I. |
and in to further month’s |
| 147 IPC | Two years’ simple imprisonment |
Rs.5,000/- default of undergo additional imprisonm |
each which Six ent. |
and in to further month’s simple |
| 148 IPC | Three years’ simple imprisonment |
Rs.2000/- default of undergo additional imprisonm |
each which Six ent. |
and in to further month’s simple |
| 452/149 IPC | Five Years’ simple imprisonment |
Rs.2000/- default of undergo additional imprisonm |
each which Six ent. |
and in to further month’s simple |
| 307/149 IPC | Ten Years’ simple imprisonment |
Rs.5000/- default of undergo additional imprisonm |
each which Six ent. |
and in to further month’s simple |
[2023/RJJD/010347]
[SOSA-500/2022]
(3 of 4)
appellants-applicants is to the fact that they were the part of unlawful assembly, which attacked the house of the complainant. 5. It is further submitted that no specific role has been assigned to the appellants-applicants and omnibus allegations have been leveled against them.
[2023/RJJD/010347]
[SOSA-500/2022]
(4 of 4)
and they shall be released on bail, provided they execute/s a personal bond in the sum of Rs.50,000/- each with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for their appearance in this court on 17.05.2023 and whenever ordered to do so till the disposal of the appeals on the conditions indicated below:
(RAJENDRA PRAKASH SONI),J
(ARUN BHANSALI),J
15-pradeep/-
1 issue framed by the court
Whether suspension of sentence under Section 389 Cr.P.C. is maintainable for pending appeal against life imprisonment.
1 provisions across 1 enactments
Babulal S/o Shri Rampal Chanal
Dilip Nakwal
State Of Rajasthan
Arun Bhansali
Rajendra Prakash Soni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
