Allowed

Raghvendra Son of Tulsiram v. State of Rajasthan

Rajasthan HC26 Jul 2023SOSA/917/2023

Case brief

AI extract

What is this about?

The Appeals Court allowed appeals for suspension of sentence. The court noted the applicants were on bail during trial, no bribe was assigned, they were not charged with stabbing the deceased, and their names were added to the FIR later.

What did the court decide?

The sentence awarded to accused-applicants in Sessions Case No.81/2016 shall remain suspended upon furnishing a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/-each.

Raghvendra Son of Tulsiram Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2023)

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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 No. 917/2023

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D.B. Criminal Appeal No.148/2023

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Raghvendra Son Of Tulsiram, Resident Of Church Road, Mohalla Gopalgarh, Bharatpur Police Station Mathura Gate, Bharatpur (Raj) (At Present In District Jail, Dholpur) ----Applicant

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Versus

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State Of Rajasthan, Through P.p

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Shabnam D/o Shri Rajkumar, Resident Of Dhobi Mohalla, Bharatpur Police Station Mathura Gate Bharatpur District Bharatpur (Raj) ----Respondents

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Connected With

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D.B. Criminal Misc Suspension Of Sentence Application No. 764/2023

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D.B. Criminal Appeal No.126/2023

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Rakesh S/o Shri Khushyali Ram, R/o Nadiya Mohalla, Near Goula Kuwa, Bharatpur Police Station Kotwali Bharatpur (Raj) (At Present Confined In Central Jail, Sewar, Bharatpur) ---Applicant

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Versus

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State Of Rajasthan, Through P.P.

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Shabnam D/o Late Shri Rajkumar, aged about 25 years, R/o In Front Of Super Market, Dhobi Mohalla, Bharatpur Police Station Mathuragate, Bharatpur (Raj)

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----Respondents

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For Petitioner(s) : Mr. V.D. Agnihotri, Adv. on behalf of Mr. Chandra Mohan Sharma, Adv. Mr. Govind Prasad Rawat, Adv.

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For Respondent(s) : Ms. Rekha Madnani, AGA. Mr. Himmat Singh Bikarwar, Adv.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

[SOSA-917/2023]

(2 of 3)

Order

26/07/2023

Accused-applicants have preferred these applications for suspension of sentence.

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Heard on applications for suspension of sentence.

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It is contended by learned counsel for the applicants that as per the F.I.R., the allegation of stabbing the deceased was on Sonu; name of the applicants were not mentioned in the initial F.I.R; but were subsequently added later on; no overact was assigned to them and they were on bail during trial.

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Learned counsel for the complainant and learned Additional Government Advocate have opposed the applications for suspension of sentence. It is contended that without the aid of the applicants, Sonu could not have stabbed the deceased.

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We have considered the contentions.

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Taking note of the fact that the applicants were on bail during trial; there was no overact assigned to them; they were not charged of stabbing the deceased and they were not named in the F.I.R., we deem it proper to allow the applications for suspension of sentence.

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Accordingly, the applications for suspension of sentence are allowed. It is ordered that the sentence awarded to accused-applicants in Sessions Case No.81/2016 (CIS No.719/2016), shall remain suspended if the accused-applicants 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

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[SOSA-917/2023]

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(3 of 3)

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the effect that they shall appear before this Court as and when called upon to do so.

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A copy of this order be separately placed in connected matter.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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Keshav/23-24

Raghvendra Son of Tulsiram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Raghvendra Son of Tulsiram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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