Allowed

Prahlad S/O Shri Shyoji Ram v. State of Rajasthan

Rajasthan HC24 Aug 2023SOSA/727/2023

Case brief

AI extract

What is this about?

The High Court allowed a second application for suspension of sentence. The applicant, already in custody for over nine years and suffering from schizophrenia, was granted bail pending appeal disposition subject to furnishing a bond and sureties.

What did the court decide?

Application for suspension of sentence allowed; sentence suspended pending appearance on personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Prahlad S/O Shri Shyoji Ram Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2023)

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[2023:RJ-JP:19005-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc. Second Suspension Of Sentence Application (Appeal) No. 727/2023

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D.B. Criminal Appeal No.1584/2017

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Prahlad S/o Shri Shyoji Ram, Resident Of Village Araniya, Police Station Pachevar, District Tonk (Rajasthan). (At Present Confined District Jail Tonk In Open Air Camp).

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----Applicant

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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 Applicant(s) : Mr. Shyam Bihari Gautam For State : Ms. Alka Bhatnagar, Addl. G.A. For : None Present Complainant/Victim

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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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24/08/2023

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Accused-applicant has preferred this second application for

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suspension of sentence.

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Heard on second application for suspension of sentence.

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It is informed by learned Additional Government Advocate that complainant/victim has been intimated about filing of the criminal appeal as well as application for suspension of sentence.

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Report is taken on record.

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[2023:RJ-JP:19005-DB]

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[SOSA-727/2023]

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(2 of 3)

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Despite information, no one has put in appearance on behalf of the complainant/victim.

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It is contended by counsel appearing for the accusedapplicant that applicant has remained in custody for a period of nine years & five months, including remission. It is also contended that in the initial information given to the police and in the Rojnamcha recorded, no name was mentioned, whereas in the F.I.R., name of applicant is appearing, as the person who has assaulted the deceased with stone. The accused was arrested on 14.12.2015, however, as per statement of PW-16, accused was arrested on 13.12.2015 at around 04:00-04:30 p.m. from the Government Hospital. It is further contended that there is no recovery from the accused-applicant and version of the eyewitnesses is not reliable. It is contended that accused was suffering from schizophrenia.

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Learned Additional Government Advocate has opposed the second application for suspension of sentence.

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We have considered the contentions.

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Considering the facts that applicant has already remained in custody for a period of nine years & five months, including remission; that he was suffering from schizophrenia; that 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.08/2016, shall remain

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[SOSA-727/2023]

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[2023:RJ-JP:19005-DB]

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(3 of 3)

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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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AMIT/7

Prahlad S/O Shri Shyoji Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Prahlad S/O Shri Shyoji Ram v. State of Rajasthan

Case brief

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