Allowed

Deepchand Mali @ Deepak S/O Jaswant @ Jassu v. State of Rajasthan

Rajasthan HC20 Jul 2023SOSA/263/2022

Case brief

AI extract

What is this about?

The High Court allowed the suspension of sentence application. The court noted the applicant's five-year custody, Acquittal of a coaccused, and lack of evidence linking the applicant to the deceased, noting the deceased was a major at conception.

What did the court decide?

Sentence suspended if the applicant furnishes a bond of Rs.1,00,000 and two sureties of Rs.50,000 each.

Deepchand Mali @ Deepak S/O Jaswant @ Jassu Vs State of Rajasthan — Rajasthan HC (2023) — LawSathi Research

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[2023:RJ-JP:14730-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc Suspension Of Sentence Application (Appeal)

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No. 263/2022

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D.B. Criminal Appeal No.227/2021

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Deepchand Mali @ Deepak S/o Jaswant @ Jassu, Aged About 25 Years, Resident Of Maliyon Ki Dhani, (Rail Ki Dhani) Village Kucheel, Police Station Gandhinagar, District Ajmer Rajasthan (At Present Confined In Central Jail Ajmer)

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----Petitioner

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Versus

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State Of Rajasthan, through PP

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----Respondent

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For Petitioner(s) : Mr. Girraj P Sharma, Adv. For Respondent(s) : Mr. Imran Khan, Dy. GA

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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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20/07/2023

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Accused/applicant has preferred this suspension of sentence application.

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It is informed by Dy. GA that victim has been intimated about filing of the suspension of sentence application. Report in this regard is taken on record.

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No one has put in appearance on behalf of the victim, despite information.

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Heard on suspension of sentence application.

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It is contended by counsel for the applicant that the applicant has remained in custody for a period of five years. Coaccused has been acquitted by the trial Court. There is no

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[2023:RJ-JP:14730-DB]

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[SOSA-263/2022]

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(2 of 2)

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evidence that applicant has given the pregnancy termination pills to the deceased. It is also contended that the deceased was more than 18 years of age at the time of death and considering the age of foetus also, at the time of conceiving, she was a major, hence, trial Court has erred in convicting the accused under the POCSO Act as well.

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Learned Dy. GA has opposed the suspension of sentence application. It is contended that applicant has provided the pregnancy termination pills to the deceased. As per the FSL report, the salt compound in the pills and found in the body of the deceased were same.

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We have considered the contentions.

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Taking note of the fact that applicant has remained in custody for a period of five years; as per the age of the foetus as provided in Ex. P-2, deceased was major at the time of conceiving; there is no evidence as such that the pregnancy termination pills have been given by the applicant. Hence, we deem it proper to allow the suspension of sentence application.

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Accordingly, the suspension of sentence application is allowed. It is ordered that the sentence awarded to accusedapplicant in Sessions Case No. 239/2018 (CIS No.239/2018) shall remain suspended if the applicant furnishes a personal bond of Rs.1,00,000/- (One Lac Only) and two sureties of Rs.50,000/(Fifty Thousand) 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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CHANDAN /8

Deepchand Mali @ Deepak S/O Jaswant @ Jassu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Deepchand Mali @ Deepak S/O Jaswant @ Jassu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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