Allowed

Girdharilal v. State of Rajasthan

Rajasthan HC17 Jan 2023SOSA/879/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the appellant's application for suspension of sentence under Section 389 Cr.P.C., ordering his release on bail by executing a personal bond with sureties and complying with specific attendance conditions.

What did the court decide?

Sentence passed by the Special Judge is suspended till final disposal of the appeal; appellant released on bail subject to bond execution and attendance conditions.

Girdharilal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 879/2022

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Girdharilal S/o Jugal Kishore, Aged About 33 Years, R/o Ward No. 17 Mandi Pilibanga And District Hanumangarh, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Nishant Motsara For Respondent(s) : Mr. Sumer Singh Rajpurohit, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

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17/01/2023

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Heard learned counsel for the appellant and learned Public Prosecutor on application for suspension of sentence.

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Learned counsel for the appellant submits that the accusedappellant was on bail during trial. Therefore, learned counsel for the appellant prays that the sentence awarded to the accused-appellant may be suspended.

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

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Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, 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, N.D.P.S. Cases Hanumangarh District Hanumangarh, vide judgment dated 02.07.2022 in Sessions

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(2 of 2)

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[SOSA-879/2022]

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Case No.22/2016 against the appellant-applicant Girdharilal S/o Jugal Kishore 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.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 20.02.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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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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The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedapplicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(MADAN GOPAL VYAS),J

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70-neha/-

Girdharilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Girdharilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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