Allowed

Shahbaaz Ali @ Vicky Son of Shri Nasir Ali v. State of Rajasthan

Rajasthan HC10 Jul 2023SOSA/755/2023

Case brief

AI extract

What is this about?

A full bench allowed an application for suspension of sentence filed by an appellant convicted under Section 34 of the IPC who was on bail during trial and lacked direct recovery of a weapon.

What did the court decide?

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

Shahbaaz Ali @ Vicky Son of Shri Nasir Ali Vs State of… — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Appeal (Db) No.113/2023

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D.B. Criminal Misc. Suspension of Sentence Application

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No.755/2023

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Shahbaaz Ali @ Vicky Son Of Shri Nasir Ali, Aged About 27 Years, Resident Of House No. 3990 Mohalla Mominan, Kumharo Ki Nadi Chokdi Ramchandra Ji Ki Police Station Ramganj District Jaipur (Raj) (At Present Confined In Central Jail Jaipur)

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----Appellant

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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 Appellant(s) : Mr. Rajveer Singh Gurjar, Adv., Mr. P.L. Saini, Adv. For Respondent(s) : Ms. Alka Bhatnagar, AGA, Mr. Sunil Tyagi, Adv., Mr. Anirudh Tyagi, Adv.

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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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10/07/2023

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Accused-applicant 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 learned counsel for the applicant that applicant has been convicted with the aid of Section 34 of IPC. Applicant was on bail during trial. There is no recovery of weapon of offence from the applicant. The allegation of stabbing the deceased is on co-accused- Sameer Ali.

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[SOSA-755/2023]

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(2 of 2)

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Learned Additional Government Advocate as well as counsel for the complainant have opposed the application for suspension of sentence.

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We have considered the contentions.

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Considering the fact that the applicant was on bail during trial, that he was convicted with the aid of Section 34 of IPC and without commenting on merits of the case, 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 accused-applicant in Sessions Case No.06/2019 (179/19) CIS No.369/2019, 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

Shahbaaz Ali @ Vicky Son of Shri Nasir Ali v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shahbaaz Ali @ Vicky Son of Shri Nasir Ali v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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