Allowed

Raghuveer S/O Shri Prahlad v. State of Rajasthan

Rajasthan HC17 Apr 2023SOSA/558/2022

Case brief

AI extract

What is this about?

The High Court allowed the accused-appellant's application for suspension of sentence. After considering the appellant's five-year custody, sustained injuries, and the nature of the incident, the Court suspended the sentence in Sessions Case No.75/2018, contingent on the execution of a personal bond of Rs. 1 lakh and two sureties of Rs. 50,000 each.

What did the court decide?

Sentence awarded in Sessions Case No.75/2018 shall remain suspended upon furnishing a personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each to the satisfaction of the trial Court.

Raghuveer S/O Shri Prahlad Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023/RJJP/006737]

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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. 558/2022

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D.B. Criminal Appeal No.102/2022

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Raghuveer S/o Shri Prahlad, Aged About 55 Years, R/o Jhadol PS Itawa District Kota

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. Chandi Charan Ratnu, Adv. For State : Mr. Javed Choudhary, AGA For Complainant : Mr. Shashank Shekhar Pachauri with Ms. Anju Meena

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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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17/04/2023

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Accused-appellant has preferred this application for 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 appellant that the

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appellant has remained in custody for a period of five years. The complainant side were the aggressors. They went to the farm of the appellant and started quarreling. The dispute took place on the spur of the moment and appellant has also sustained injuries. He immediately went to the police, but police instead of arresting him, kept him in illegal detention for a period of seven days and then he was arrested on 10.02.2018. It is also contended that in

[2023/RJJP/006737]

[SOSA-558/2022]

(2 of 2)

the FIR, the allegation was against 3-4 persons, however, police has filed charge-sheet only against the present appellant.

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Learned Addl. Government Advocate and counsel for the complainant have opposed the application for suspension of sentence. It is contended by counsel for the complainant that blood stained axe and clothes were recovered. There are eye witnesses, who have seen the appellant causing injury to the deceased.

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We have considered the contentions and have perused the record.

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From perusal of the record, it is evident that the appellant has also sustained injuries, which is established from his arrest memo which included a cut wound on forehead; the incident took place on the spur of the moment; appellant has already remained in custody for a period of five years, disposal of appeal is bound to take time, hence, 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 accusedappellant in Sessions Case No.75/2018 (CIS No.161/2018) shall remain suspended if the appellant furnishes a personal bond of Rs.1,00,000/-(one lac only) and two sureties of Rs.50,000/- (fifty thousand only) 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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CHANDAN /19

Raghuveer S/O Shri Prahlad v. State of Rajasthan

Case brief

What is this about?

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Raghuveer S/O Shri Prahlad v. State of Rajasthan

Case brief

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