Allowed

Sarwar Khan @ Sheru v. State of Rajasthan

Rajasthan HC6 Jul 2023SOSA/537/2023

Case brief

AI extract

What is this about?

This was a suspension of sentence application under Sec. 389 Cr.P.C. for an applicant awaiting medical treatment (coronary angioplasty). The court temporarily suspended the sentence for 10 days to enable the procedure and a subsequent medical board examination.

What did the court decide?

Substantive sentence temporarily suspended for 10 days subject to a bond and surrender after completion of treatment.

Sarwar Khan @ Sheru Vs State of Rajasthan — Medical Negligence | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 537/2023

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Sarwar Khan @ Sheru S/o Raseed Khan, Aged About 54 Years, R/o Karunda Ps Chhoti Sadari Dist. Pratapgarh (Lodged In Central Jail Udaipur)

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----Applicant

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Applicant(s) : Mr. Pradeep Choudhary For Respondent(s) : Mr. R.R. Chapparwal, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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06/07/2023

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This criminal misc. suspension of sentence application (appeal) under Section 389 Cr.P.C. has been filed on behalf of the applicant with a prayer for temporary suspension of sentence awarded to him by the learned Sessions Judge, Pratapgarh (hereinafter to be referred as ‘the trial court’) vide order dated 10.02.2023 passed in Sessions Case No.02/2018 for the period of six months for his treatment.

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Pursuant to the direction given by this Court on 01.06.2023, learned Public Prosecutor has submit the report from Cardiologist Department of Ravindarnath Tagore Medical College, Udaipur, wherein it is mentioned that for the purpose of producing medical

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(2 of 3) [SOSA-537/2023]

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report, coronary angioplasty of the patient is required to be conducted.

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Heard learned counsel for the parties on temporary suspension of sentence application and perused the material available on record.

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Having considered the totality of facts and circumstances of the case at this stage, we consider it just and proper to temporary suspend the substantive sentence awarded to the accused applicant for the period of 10 days from the date of his actual release.

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It is ordered that the substantive sentence passed by the trial court vide judgment dated 10.02.2023 in Sessions Case No.02/2018 against applicant – Sarwar Khan @ Sheru S/o Raseed Khan shall remain temporarily suspended for the period of 10 days, provided he executes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the learned trial Judge with the incorporation that he would surrender before the concerned jail authority after completion of 10 days period.

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It is made clear that in any case the applicant shall surrender himself before the concerned jail authority after completion of 10 days period from the date of his actual release, failing which, the trial court shall report the matter to this Court.

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It is also made clear that during this ten days period, the Principal of Ravindranath Tagore Medical College, Udaipur shall ensure that coronary angioplasty of the applicant be conducted and thereafter the applicant be examined by the Medical Board.

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(3 of 3)

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[SOSA-537/2023]

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The report of the Medical Board be produced on the next date of

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hearing.

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List on 20.07.2023.

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(RAJENDRA PRAKASH SONI),J

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(VIJAY BISHNOI),J

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44-Anshul/-

Sarwar Khan @ Sheru v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sarwar Khan @ Sheru v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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