Allowed

Mohabbat S/O Ali Sher v. State of Rajasthan

Rajasthan HC11 Jul 2023SOSA/358/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a suspension of sentence application. The court noted the applicant was 16 years and 3 months old at the time of the incident and was on bail during the trial, without commenting on the merits.

What did the court decide?

Sentence awarded in Sessions Case to remain suspended upon furnishing a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Mohabbat S/O Ali Sher Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JP:13877-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) No.358/2023

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D.B. Criminal Appeal No.60/2023

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Mohabbat S/o Ali Sher, R/o Village Moliya Police Station Laxmangarh District Alwar (Raj). (At Present Confined In The District Jail, Alwar).

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----Applicant

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Versus

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State of Rajasthan, through Public Prosecutor Alwar.

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Victim XXX.

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----Respondents

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For Applicant(s) : Mr. Manish Gupta, Ms. Shweta Soni For State : Mr. Alka Bhatnagar, Addl. G.A.

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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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11/07/2023

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Accused-applicant has preferred this application for

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suspension of sentence.

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Heard on application for suspension of sentence.

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It is contended by counsel appearing for the accusedapplicant that applicant was aged 16 years & 3 months at the time of alleged incident. It is also contended that hymen of the victim was found intact and applicant was on bail during trial.

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Learned Additional Government Advocate has opposed the application for suspension of sentence. It is contended that applicant who was juvenile in conflict with law, was able to

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(2 of 2)

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[2023:RJ-JP:13877-DB]

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[SOSA-358/2023]

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understand the consequences of his act and that is why he was tried by the Children’s Court.

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We have considered the contentions.

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Considering the contentions put forth by counsel for the accused-applicant; also taking note of the fact that applicant was aged 16 years & 3 months at the time of alleged incident; that he was on bail during trial and without commenting upon merits of the case, 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 accusedapplicant in Sessions Case No.14/2021 (45/2021) (86/2020) (C.I.S. No.28/2021), shall remain suspended if the accusedapplicant 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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AMIT/21

Mohabbat S/O Ali Sher v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mohabbat S/O Ali Sher v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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