Allowed

Rameshwar Prasad Son of Phool Chand v. State of Rajasthan

Rajasthan HC12 Jul 2023SOSA/630/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the second application for suspension of sentence filed by the accused-appellant, remanding him to liberty on bond and sureties, considering the disparity in charges compared to co-accused and his prolonged custody.

What did the court decide?

The second application for suspension of sentence is allowed. The accused shall be released on a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/-each upon furnishing the same to the sati

Rameshwar Prasad Son of Phool Chand Vs State of… — 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. IInd Suspension Of Sentence Application No.630/2023

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D.B. Criminal Appeal No.60/2021

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Rameshwar Prasad Son Of Phool Chand, Aged About 26 Years, Resident Of Bhagatpura, P.S. Virat Nagar, District Jaipur. (Presently Confined In The Central Jail At Jaipur )

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----Petitioner

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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 Petitioner(s) : Ms. Gayatri Rathore, Senior Advocate assisted by Mr. Ran Singh, Adv. For Respondent(s) : Mr. N.S. Gurjar, AGA.

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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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12/07/2023

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Accused-applicant has preferred this second application for suspension of sentence.

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Heard on second application for suspension of sentence.

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This second application for suspension of sentence has been moved pursuant to the liberty given to the accused-applicant by the Apex Court vide order dated 02.03.2022. As per directions of the Apex Court, the application is to be decided on its own merits.

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It is contended by learned counsel for the applicant that all the accused in this case were charged for the offence under Section 302 IPC. The other co-accused have been convicted and

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[SOSA-630/2023]

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(2 of 2)

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sentenced for offence under Section 304 Part I IPC read with Section 149 IPC and only the present accused-applicant in a separate trial has been convicted for the offence under Section 302 IPC. It is also contended that the applicant has remained in custody for a period of about six years. Disposal of appeal is bound to take time.

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Learned Assistant Government Advocate has opposed the second application for suspension of sentence. 6. We have considered the contentions. 7. As per the FIR, the case of the present appellant is akin to that of other co-accused, who have been convicted for the offence under Section 304 Part I IPC read with Section 149 IPC. Taking note of the same as well as the fact that the appellant has remained in custody for a period of six years; disposal of appeal is bound to take time; 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-applicant in Sessions Case No.13/2006 (NCV No.13/2006), 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/27

Rameshwar Prasad Son of Phool Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rameshwar Prasad Son of Phool Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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