Allowed

Indarraj S/O Dawaraka Lal v. State of Rajasthan

Rajasthan HC9 Jan 2023SOSA/84/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the accused appellant's application for suspension of sentence under Section 389 Cr.P.C. pending disposal of the special leave/ appeals. The court remanded the appellant on bail subject to conditions.

What did the court decide?

Sentence suspended pending appeal; released on bail with personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Indarraj S/O Dawaraka Lal Vs State of Rajasthan — Caste Atrocities | 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 Application No.

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84/2023

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S.B. Criminal Appeal No. 2375/2022

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Indarraj S/o Dawaraka Lal, Aged About 30 Years, R/o Dobada Police Station Khanpur, District Jhalawar (Accused Appellant At Present Confined In District Jail Jhalawar)

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----Appellants

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Versus

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State Of Rajasthan, Through P.p

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Pramanand S/o Shree Amarlal Meena, Aged About 55 Years, R/o Bhagwanpura, Police Station Khanpur, District Jhalawar.

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----Respondents

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For Appellant(s) : Mr. G.L. Choudhary For Respondent(s) : Mr. S.S. Mahla, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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09/01/2023

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Heard learned counsel for the accused appellants and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 16.11.2022 passed by learned Special Judge, SC/ST Act (POA) Cases Jhalawar whereby the accused appellant has been convicted for the offence punishable under sections 148, 341, 308 IPC and Section 3-1(x) of SC/ST Act and has been sentenced to maximum five years simple imprisonment along with fine of Rs. 10,000/- and on non payment of the fine he will further suffer three months simple imprisonment.

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(2 of 3) [SOSA-84/2023]

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Learned counsel for the accused-appellant submits that the facts and circumstances of the case do not bring the matter within the ambit of Section 308 IPC and the injuries allegedly inflicted upon the victim were not such that if as a consequence of which the victim would have died, it would be a case of culpable homicide not amounting to murder.

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Learned Public Prosecutor vehemently opposes the prayer made by learned counsel for the accused-appellant.

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The accused-appellant is behind the bars and the hearing of appeal is likely to take further more time, therefore, considering the overall submissions and looking to the totality of facts and circumstances of the case while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the appeal, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, SC/ST Act (POA) Cases Jhalawar, vide judgment dated 16.11.2022 in Sessions Case No. 107/2015 against the appellant-applicant Indarraj S/o Dawaraka Lal, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail provided he executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 10.02.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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(3 of 3) [SOSA-84/2023]

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That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court.

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(FARJAND ALI),J

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PREETI VALECHA /194

Indarraj S/O Dawaraka Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Indarraj S/O Dawaraka Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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