Allowed

Rotan Singh S/O Madan Singh v. State of Rajasthan

Rajasthan HC19 Apr 2023SOSA/504/2023

Case brief

AI extract

What is this about?

In a suspended sentence application, the High Court allowed the petition despite opposition from the state. Considering the lack of a post-mortem, the appellant's bail status, and his army service leading to prolonged trial, the Court suspended the sentence conditional on a bond.

What did the court decide?

Application for suspension of sentence allowed; accused must furnish a personal bond of Rs. 1,00,000/ and two sureties of Rs. 50,000/- each.

Rotan Singh S/O Madan Singh Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2023)

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[2023/RJJP/007273]

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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. 504/2023

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D.B. Criminal Appeal No.76/2023

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Rotan Singh S/o Madan Singh, Aged About 30 Years, R/o Banethi PS Paniyala, District Jaipur. Present Soldier No. 15801920X28A.A.D. 20 R.R. (Dogra) Care Of 56 A.P.O Pin 934520 (At Present Lodged In Central Jail Jaipur)

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----Petitioner

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Versus

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1.State Of Rajasthan, Through P.p

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2.Sh. Mahesh Chand S/o Hari Singh aged 41 years, R/o Dhelda Ki Dhani, Tan Kayampuravas, PS Paniyala, Dist. Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Saransh Saini, Adv. with Mr. Sanjeev Kumar, Adv. For Respondent(s) : Mr. Javed Choudhary, AGA. For Complainant(s) : Mr. Ram Rakh Sharma, 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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19/04/2023

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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 for the applicant that applicant was on bail during trial. The fact that the deceased committed suicide is not established, as no Postmortem was conducted. Even if the suicide note is considered, it is mentioned therein that the rape was committed on 04.09.2016 whereas, as per the official

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[2023/RJJP/007273]

[SOSA-504/2023]

record produced by DW-1, applicant was not on leave on 04.09.2016 and his place of posting was 400 Kms away from the place of occurrence.

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Learned counsel appearing for the complainant has opposed the suspension of sentence application. It is contended that suicide note was sent to the handwriting expert and as per the report of the handwriting expert, the handwriting was found to be that of the deceased. It is also contended that there was mobile communication between the deceased and the applicant.

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Learned Additional Government Advocate has also opposed the suspension of sentence application. 6. We have considered the contentions. 7. Considering the fact that deceased was not subjected to Postmortem; the applicant was on bail during trial; applicant is serving in the Indian Army and disposal of appeal is bound to take time, 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.103/2018, 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/23

Rotan Singh S/O Madan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rotan Singh S/O Madan Singh 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

Parties & counsel

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