Allowed

Latif S/O Shri Babu Khan v. State of Rajasthan

Rajasthan HC17 Apr 2023SOSA/35/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the Appeals suspect suspended sentence application. The court noted the appellant's extended custody and ordered the release of immediate custody on furnishing a personal bond and bank sureties.

What did the court decide?

The sentence awarded in Sessions Case No.308/2016 is suspended if the appellant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Latif S/O Shri Babu Khan Vs State of Rajasthan — Rajasthan HC (2023) — LawSathi Research

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[2023/RJJP/006807]

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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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35/2023

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D.B. Criminal Appeal No.471/2019

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Latif S/o Shri Babu Khan, Aged About 28 Years, R/o Morda, Police Station Balghat, District. Karauli (Rajasthan). (Appellant is Presently Lodged At Central Jail 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 Kumar Sahni, Adv. Mr. Ram Mohan Sharma, Adv.

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For Respondent(s) : Mr. Javed Choudhary, AGA. Mr. Asad Haq Naqvi, Adv. on behalf of Mr. Mohammed Rahil Kalam, 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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17/04/2023

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Accused-appellant 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 counsel for the appellant that the appellant has remained in custody for more than 7 years, including remission and the custody period is around 9 years. The deceased died due to cardiogenic shock and the allegation of demand of dowry was subsequently raised and it was not raised at the time of making of inquest report.

[2023/RJJP/006807]

[SOSA-35/2023]

(2 of 2)

Learned Additional Government Advocate and learned counsel appearing for the complainant have opposed the suspension of sentence application.

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We have considered the contentions.

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Considering the contentions made by counsel for the parties; taking note of the fact that the appellant has remained in custody for a period of 9 years; including remission; deceased died due to cardiogenic shock and sentence of the co-accused has been suspended, 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 accusedappellant in Sessions Case No.308/2016 (40/16), shall remain suspended if the appellant furnishes a personal bond of Rs.1,00,000/-(one lac only) and two sureties of Rs.50,000/- (fifty thousand only) 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.

(BHUWAN GOYAL),J

(PANKAJ BHANDARI),J

Ramesh Vaishnav/86

Latif S/O Shri Babu Khan v. State of Rajasthan

Case brief

What is this about?

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Latif S/O Shri Babu Khan v. State of Rajasthan

Case brief

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What did the court decide?

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