Allowed

Kailash Chand S/O Nandram Yadav v. State of Rajasthan

Rajasthan HC20 Jan 2023SOSA/76/2023

Case brief

AI extract

What is this about?

High Court bench allowed suspension of sentence for three appellants pending criminal appeal issuance order releasing them on bail against furnishing bond and sureties to satisfy learned trial court.

What did the court decide?

Sentence suspended during pendency of appeal; accpetants released on bail furnishing bond of Rs.1,00,000/- and two sureties each of Rs.50,000/- to satisfaction of trial Court.

Kailash Chand S/O Nandram Yadav Vs State of… — Civil Procedure and Limitation | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Suspension of Sentence

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Application No.76/2023

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S.B. Criminal Appeal No. 58/2023

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Kailash Chand S/o Nandram Yadav, R/o Mahrawar, Police Station Kumher.

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Vinod Kumar S/o Hetram Yadav, R/o Mahrawar, Police Station Kumher.

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Ashok Kumar S/o Ranjeet Singh, R/o Mahrawar, Police Station Kumher.

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----Appellants

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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. Rajeev Kumar Sogarwal, Adv. For : Mr. Sanjeev Mahala, P.P. Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS Order

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20/01/2023

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Heard learned counsel for the accusedapplicants as well as learned Public Prosecutor on the application filed for suspension of sentence and perused the entire material available on record.

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Learned counsel for accused-applicants submits that there is no reliable and legally acceptable evidence to hold accused-applicants guilty for the alleged offence(s) and there is every likelihood of

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(2 of 3) [SOSA-76/2023 in CRLAS-58/2023]

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succeeding in the criminal appeal. Learned counsel further submits that accused-applicants were on bail during trial and their sentences have already been suspended for a period of one month and final hearing of the appeal is likely to take time thus sentence of accused-applicants may be suspended.

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Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence.

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I have considered the submissions made by learned counsel for the parties.

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Without commenting upon the merits of the case, I deem it just and proper to suspend the sentence awarded to applicants.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court to the accused-applicants namely, 1.Kailash Chand S/o Nandram Yadav, 2.Vinod Kumar S/o Hetram Yadav & 3.Ashok Kumar S/o Ranjeet Singh in Sessions Case No.07/2012 (CIS No.381/2014) shall remain suspended during pendency of appeal and they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/- each to the satisfaction of the learned

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(3 of 3) [SOSA-76/2023 in CRLAS-58/2023]

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trial Court with the stipulation that they shall appear before this court on 21^st February, 2023 and thereafter as and when called upon to do so.

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(UMA SHANKER VYAS),J

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DANISH USMANI /51

Kailash Chand S/O Nandram Yadav v. State of Rajasthan

Case brief

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Kailash Chand S/O Nandram Yadav v. State of Rajasthan

Case brief

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