Allowed

Ishwar @ Kankata S/O Shri Hargyan Singh v. State of Rajasthan

Rajasthan HC1 Jun 2023SOSA/286/2023

Case brief

AI extract

What is this about?

This order allows a suspension of sentence application. The High Court deemed it proper to grant relief because the similarly situated co-accused had their sentence suspended and the applicant had remained in custody for over eight years, with appeal disposal pending.

What did the court decide?

The sentence awarded in Sessions Case No.24/2015 is allowed to be suspended conditioned on furnishing a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Ishwar @ Kankata S/O Shri Hargyan Singh Vs State… — Criminal Trial and Appeal | Rajasthan HC (2023)

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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 No.

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286/2023

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D.B. Criminal Appeal No.25/2020

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Ishwar @ Kankata S/o Shri Hargyan Singh, Aged About 42 Years, R/o Moloni, Police Station Halena, District Bharatpur (Rajasthan). (Presently Lodged In Central Jail, Sewar At Bharatpur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. Suresh Sahni, Adv. With Mr. R.M. Sharma, Adv.

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For Respondent(s) : Smt. Alka Bhatnagar, Adv.

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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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01/06/2023

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Accused-applicant has preferred this application for suspension of sentence.

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Heard on application for suspension of sentence.

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It is contended by learned counsel for the applicant that sentence of similarly situated co-accused has been suspended by the Court. It is contended that applicant has remained in custody for a period of about 8 years and 3 months, including remission and disposal of appeal is bound to take time.

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(2 of 2)

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[SOSA-286/2023]

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Learned Additional Government Advocate has opposed the application for suspension of sentence.

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We have considered the contentions.

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Taking note of the fact that the sentence of similarly situated co-accused has been suspended and that applicant has remained in custody for a period of more than 8 years, we deem it proper to allow the application for suspension of sentence.

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Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused-applicant in Sessions Case No.24/2015 (C.I.S. No.353/2016), shall remain suspended if the accused-applicant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/-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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Keshav/22

Ishwar @ Kankata S/O Shri Hargyan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ishwar @ Kankata S/O Shri Hargyan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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