Allowed

Subuddi S/O Shri Chhote Lal v. State of Rajasthan

Rajasthan HC29 Aug 2023SOSA/738/2023

Case brief

AI extract

What is this about?

The Court allowed the third application for suspension of sentence. Noting the applicant's ten-year custody period and the eight-year delay in hearing the Criminal Appeal despite prior directions, the Court deemed the case akin to Laxmi Narayan.

What did the court decide?

Third application for suspension of sentence allowed; sentence suspended subject to personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Subuddi S/O Shri Chhote Lal Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2023)

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[2023:RJ-JP:19695-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc. Third Suspension Of Sentence Application (Appeal) No. 738/2023

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D.B. Criminal Appeal No.522/2013

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Subuddi S/o Shri Chhote Lal R/o Balaheda, Police Station Bandikui, District Dausa.

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(Presently Confined In Sub Jail, Bandikui).

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----Applicant

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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 Applicant(s)	: Mr. Kapil Gupta & Mr. Dharmendra Kumar
For State	: Mr. N.S. Gurjar, Asstt. 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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29/08/2023

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

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Heard on third application for suspension of sentence.

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It is informed by learned Assistant Government Advocate

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that complainant/victim has been intimated about filing of the criminal appeal as well as application for suspension of sentence. Report in this regard has also been submitted and the same is taken on record.

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[2023:RJ-JP:19695-DB]

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[SOSA-738/2023]

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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 second application for suspension of sentence of the present applicant was dismissed as withdrawn on 13.08.2015 and it was directed by the Court that criminal appeal be listed for final hearing and the same be disposed within a period of six months. It is also contended that since then, a period of eight years has lapsed, but the appeal has not been taken up for hearing. It is further contended that case of the present applicant is akin to that of Laxmi Narayan, whose application for suspension of sentence has been allowed. It is also contended that applicant has remained in custody for a period of ten years and disposal of appeal is bound to take time.

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Counsel appearing for the applicant has placed reliance on “ Saudan Singh vs. State of Uttar Pradesh” ( Criminal Appeal No.308/2022) decided by the Hon’ble Apex Court on 25.02.2022.

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Learned Assistant Government Advocate has opposed the third application for suspension of sentence.

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We have considered the contentions.

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Taking note of the custody period of the applicant; as also the fact that appeal has not been taken up for hearing despite direction of the Court and it seems that case of the applicant is akin to that of Laxmi Narayan, whose application for suspension of sentence has been allowed by the Court, we deem it proper to allow the third application for suspension of sentence.

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[2023:RJ-JP:19695-DB]

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[SOSA-738/2023]

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(3 of 3)

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Accordingly, the third application for suspension of sentence is allowed. It is ordered that the sentence awarded to present accused applicant in Sessions Case No.32/2010, shall remain suspended if the present 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/5

Subuddi S/O Shri Chhote Lal v. State of Rajasthan

Case brief

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Subuddi S/O Shri Chhote Lal v. State of Rajasthan

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