Allowed

Badri Lal v. State of Rajasthan

Rajasthan HC3 Jan 2023SOSA/466/2022

Case brief

AI extract

What is this about?

High Court allowed the second application for suspension of sentence filed by accused-applicants Badri Lal and Karu Lal, considering their age, prolonged custody, circumstantial evidence of the case, and time needed to dispose the appeal.

What did the court decide?

Second application for suspension of sentence allowed; sentence suspended subject to personal bond of Rs.1 lakh and two sureties of Rs.50,000 each.

Badri Lal Vs State of Rajasthan — 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. Second Suspension of Sentence Application No.466/2022

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D.B. Criminal Appeal No. 697/2015

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Badri Lal S/o Shri Bhura Lal, R/o Bhadurpura, Police Station Sunel, District Jhalawar (Raj.).

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Karu Lal S/o Badri Lal, R/o Bhadurpura, Police Station Sunel, District Jhalawar (Raj.).

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(Presently they are behind the Bars in Central Jail, Kota).

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----Applicants

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Versus

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State Of Rajasthan Through PP

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----Respondent

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For Applicants(s) : Mr. Ajay Singh For State : Mr. Javed Choudhary, AGA

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BIRENDRA KUMAR

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Order

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03/01/2023

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Accused-applicants have preferred this second application for

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suspension of sentence.

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Heard on second application for suspension of sentence.

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It is contended by counsel for the accused-applicants that applicants have remained in custody for a period of ten years. The case rests upon circumstantial evidence. Accused-applicant-Badri Lal is aged around 71 years. Application for suspension of sentence of two of the co-accused has been allowed by the Court.

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(2 of 2) [SOSA-466/2022]

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

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We have considered the contentions.

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Considering the custody period and the fact that the case rests upon circumstantial evidence and disposal of appeal is bound to take time and in view of the judgment passed by the Hon’ble Apex Court in the case of “ Saudan Singh Vs. State of U.P. [Criminal Appeal No.308/2022 (SLP (Crl.) No.4633/2021 ], we deem it proper to allow the second application for suspension of sentence.

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Accordingly, the second application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused-applicants in Sessions Case No.21/2013 shall remain suspended if the accused-applicants furnish 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 they shall appear before this Court as and when called upon to do so.

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(BIRENDRA KUMAR),J

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(PANKAJ BHANDARI),J

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AMIT/7

Badri Lal v. State of Rajasthan

Case brief

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Badri Lal v. State of Rajasthan

Case brief

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