Allowed

Mahendra S/O Late Shri Hari Singh Kushwah v. State of Rajasthan

Rajasthan HC14 Aug 2023SOSA/762/2023

Case brief

AI extract

What is this about?

Single-judge bench allowed suspension of sentence application for an accused detained for over five years in Sessions Case No. _88/2018, directing a personal bond of Rs.1 lakh and two sureties of Rs.50,000 each.

What did the court decide?

Suspension of sentence allowed; applicant directed to furnish personal bond of Rs.1,00,000 and two sureties of Rs.50,000 each.

Mahendra S/O Late Shri Hari Singh Kushwah Vs… — Criminal Trial and Appeal | Rajasthan HC (2023)

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[2023:RJ-JP:17667-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc Suspension Of Sentence Application (Appeal)

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No. 762/2023

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D.B. Criminal Appeal No.125/2023

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Mahendra S/o Late Shri Hari Singh Kushwah, Aged About 32 Years, Resident Of Saindpura P.S. Uccahin District Bharatpur. At Present Confined In Central Jail Bharatpur

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----Petitioner

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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 Petitioner(s) : Mr. Brij Mohan Sharma, Adv. For Respondent(s) : Mr. Imran Khan, Dy. GA

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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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14/08/2023

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Accused/applicant has preferred this suspension of sentence application.

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It is informed by learned Dy. GA that victim has been intimated about filing of the appeal and suspension of sentence application. Report in this regard is taken on record.

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No one has put in appearance on behalf of the victim, despite information.

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Heard on suspension of sentence application.

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It is contended by counsel for the applicant that applicant has remained in custody for a period of more than five years. It is also contended that the witnesses who have shown the

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[2023:RJ-JP:17667-DB]

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[SOSA-762/2023]

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(2 of 2)

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presence of the accused are not reliable and they were not present at the time of alleged incident. The recovery is also doubtful as there are no independent witnesses and the recovery is made from the house, where there are many residents. Disposal of appeal is bound to take time.

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Learned Dy. Government Advocate has opposed the suspension of sentence application.

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I have considered the contentions.

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Taking note of the fact that applicant has remained in custody for more than five years; disposal of appeal is bound to take time and without commenting on merits of the case, we deem it proper to allow the suspension of sentence application.

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Accordingly, suspension of sentence application is allowed. It is ordered that the sentence awarded to accusedapplicant in Sessions Case No. 88/2018 (CIS No.05/2019) shall remain suspended if the applicant furnishes a personal bond of Rs.1,00,000/-(one lac only) and two sureties of Rs.50,000/- (fifty thousand only) 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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chandan/11

Mahendra S/O Late Shri Hari Singh Kushwah v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahendra S/O Late Shri Hari Singh Kushwah 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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