Allowed

Rahul v. State of Rajasthan

Rajasthan HC6 Apr 2023SOSA/265/2023

Case brief

AI extract

What is this about?

Allowed a suspension of sentence application under Section 389 Cr.P.C. The High Court temporarily suspended the substantive sentence for five days, requiring the appellant to execute a personal bond of Rs.1 lakh with conditions to surrender before the jail authority.

What did the court decide?

The substantive sentence was temporarily suspended for five days, subject to a personal bond of Rs.1,00,000 with two sureties and surrender by 13th April, 2023.

Rahul Vs State of Rajasthan — Rajasthan HC (2023) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 265/2023

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Rahul S/o Shri Suresh Tamboli, Aged About 30 Years, B/c Tamboli, R/o 39, Kolpol, Police Station Ghantaghar, Udaipur. (Presently Lodged At Central Jail, Udaipur)

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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 Applicant(s) : Ms. Laxmi Rathore For Respondent(s) : Mr. B. R. Bishnoi, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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06/04/2023

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This criminal misc. suspension of sentence application (appeal) under Section 389 Cr.P.C. has been filed on behalf of the applicant with a prayer for temporary suspending the sentence awarded to him by the learned Additional Sessions Judge No.4, Udaipur (hereinafter to be referred as ‘the trial court’) vide order dated 25.02.2022 passed in Sessions Case No.41/2018 for the period of 20 days on the ground of death of his grand mother.

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Learned counsel for the applicant has submitted that the sentence awarded to the applicant by the trial court may kindly be suspended temporarily for a period of 20 days on the ground of death of his grand mother – Laxmi Bai Tamboli on 12.03.2023.

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Pursuant to the directions given by this Court on 04.04.2023, learned Public Prosecutor has submitted that the factual report

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[SOSA-265/2023]

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(2 of 3)

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dated 05.04.2023, along with the death certificate of applicant’s grand-mother – Laxmi Bai Tamboli. In the factual rerpot, the factum of death of grand mother of the applicant has been verified.

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Learned Public Prosecutor has opposed this application for temporary suspension of sentence on the ground that the applicant has been convicted for heinous crime and as many as five more cases are registered against him till date.

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Heard learned counsel for the parties on temporary suspension of sentence application and perused the material available on record.

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Having considered the totality of facts and circumstances of the case, we consider it just and proper to temporary suspend the substantive sentence awarded to the accused applicant for the period of five days from the date of his actual release.

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Accordingly, this application seeking temporary suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 25.02.2022 passed in Sessions Case No.41/2018 against applicant - Rahul S/o Shri Suresh Tamboli shall remain temporarily suspended for the period of five days, provided he executes a personal bond in the sum of Rs.1,00,000/with two sureties of Rs.50,000/- each, out of which one surety should be of his father – Suresh Tamboli, to the satisfaction of the learned trial Judge with the incorporation that he would surrender before the concerned jail authority after completion of five days.

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[SOSA-265/2023]

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(3 of 3)

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It is made clear that in any case the applicant shall surrender himself before the concerned jail authority on or before 13^th April, 2023 at 5 PM, failing which, the trial court shall report the matter to this Court.

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(RAJENDRA PRAKASH SONI),J

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(VIJAY BISHNOI),J

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56-Arun/-

Rahul v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rahul v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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