Allowed

Jagdish Prasad Son of Shri Hariprasad v. State of Rajasthan

Rajasthan HC10 Jan 2023SOSA/52/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an application for suspension of sentence under Section 389 Cr.P.C. in a criminal appeal. The court held it was a fit case for suspension and ordered the appellant's release on bail pending the appeal's disposal.

What did the court decide?

Sentence suspended; appellant released on bail on personal bond of Rs.50,000/- with two sureties.

Jagdish Prasad Son of Shri Hariprasad 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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S.B. Criminal Misc. Suspension of Sentence Application No. 52/2023

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S.B. Criminal Appeal No. 47/2023

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Jagdish Prasad Son Of Shri Hariprasad, Aged About 33 Years, R/o Village Chhipdada P.s. Digod Kota Rural

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----Appellant

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Versus

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State Of Rajasthan, Through P.p

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----Respondent

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For Appellant(s) : Mr. A.K. Khan For Respondent(s) : Mr. S.S. Mahla, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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10/01/2023

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Heard learned counsel for the accused appellant and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 22.12.2022 passed by learned Special Judge, POCSO Act No.3, Kota whereby the accused appellant has been convicted for the offence punishable under sections 341 and 323 IPC and has been sentenced to maximum one year simple imprisonment along with fine of Rs. 1000/- and in default of payment of fine, he shall further undergo ten days SI.

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Learned counsel for the accused-appellant submits that a false case has been foisted against him. Learned counsel submits that the sentence has already been suspended by the learned trial Court by exercising power under Section 389(3) of Cr.P.C. The accused-appellant was on bail during trial. He is willing and ready

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(2 of 3) [SOSA-52/2023]

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to furnish bail bonds for his release. Therefore, the application for suspension of sentence may kindly be granted and the sentence awarded may be suspended.

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Learned Public Prosecutor vehemently opposes the prayer made by learned counsel for the accused-appellant.

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The accused-appellant is behind the bars and the hearing of appeal is likely to take further more time, therefore, considering the overall submissions and looking to the totality of facts and circumstances of the case while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the appeal, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, POCSO Act No.3, Kota, vide judgment dated 22.12.2022 in Sessions Case No. 20/2021 against the appellant-applicants Jagdish Prasad Son Of Shri Hariprasad shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail provided he executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 13.02.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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(3 of 3) [SOSA-52/2023]

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That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court.

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(FARJAND ALI),J

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PREETI VALECHA /73

Jagdish Prasad Son of Shri Hariprasad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jagdish Prasad Son of Shri Hariprasad v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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