Partly allowed

Girraj Son of Gopal Lal v. State of Rajasthan

Rajasthan HC21 Jul 2023SOSA/947/2023

Case brief

AI extract

What is this about?

Allowed suspension of sentence for four appellants convicted in Sessions Case No.150/2018 pending appeal on appeal initiation, attaching conditions. Dismissed suspension for remaining appellant Girraj due to infliction of grievous injury during the incident.

What did the court decide?

Suspended sentence allowed for Babulal, Kalu Lal, Mukutbihari and Dinesh subject to personal bond; dismissed for Girraj.

Girraj Son of Gopal Lal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. (SOS) Application No. 947/2023

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S.B. Criminal Appeal No.1558/2023

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Girraj Son Of Gopal Lal, Resident Of Bariyani Police Station Gandoli, District Bundi (Raj) (At Present Confined In District Jail Bundi)

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Babulal Son Of Gopal Lal, Resident Of Bariyani Police Station Gandoli, District Bundi (Raj) (At Present Confined In District Jail Bundi)

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Kalu Lal Son Of Gopal Lal, Resident Of Bariyani Police Station Gandoli, District Bundi (Raj) (At Present Confined In District Jail Bundi)

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Mukutbihari Son Of Babu Lal, Resident Of Bariyani Police Station Gandoli, District Bundi (Raj) (At Present Confined In District Jail Bundi)

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Dinesh Son Of Babu Lal, Resident Of Bariyani Police Station Gandoli, District Bundi (Raj) (At Present Confined In District Jail Bundi)

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----Petitioners

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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 Petitioner(s) : Mr. Sudarshan Kumar Laddha For Respondent(s) : Mr. Mangal Singh Saini, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order

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21/07/2023

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Instant application for suspension of sentence is preferred aggrieved from order of conviction and sentence dated 02.06.2023 in Sessions Case No.150/2018 passed by learned Additional Sessions Judge No.2, Bundi.

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Learned counsel for the appellants submitted that a false and fabricated case was registered against present appellants and learned trial court ignoring the material contradictions have

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[SOSA-947/2023]

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(2 of 3)

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convicted present appellants. He relied upon grounds of appeal as raised by appellants and submitted that all witnesses were interested witnesses and no independent witness was produced to corroborate the story of prosecution. He further submitted that there was previous animosity between the parties and on the basis of aforesaid appellants were implicated. At last he submitted that appellants were on bail during trial and disposal of appeal will take its own time.

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Aforesaid contentions were opposed by learned Public Prosecutor and he submitted custody certificate.

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Heard learned counsel for the appellant and learned Public Prosecutor. Also perused the record.

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Present appellants were acquitted from charge under Sections 147, 307 R/w Section 149 IPC but convicted under Sections 148, 341, 323, 324, 326/149 IPC. A perusal of record clearly indicated that all five appellants were on bail during trial in pursuant to order dated 26.07.2018 in S.B. Criminal Miscellaneous Bail No.8436/2018 and order dated 08.08.2018 in S.B. Criminal Misc. Bail Application No.9922/2018. On pronouncement of sentence appellants were taken in custody and sent to serve the sentence on 02.06.2023. At this stage it is not possible to opine on merits of the evidence of prosecution, therefore, without expressing any opinion on merits, I am of considered view that application for suspension of sentence in respect of Babulal, Kalu Lal, Mukutbihari and Dinesh deserves to be allowed. But as regard to Girraj is concerned, the deposition of injured PW1 Mukesh clearly indicated that his thumb was severed (separated) by blow of Dharia by Girraj and same was found to be grievous caused

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[SOSA-947/2023]

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(3 of 3)

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from sharp edged weapon. Further, verified by PW5 Doctor D.D. Meena.

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Having considered aforesaid, I am of considered view that the suspension of sentence application in respect of Girraj, in view of infliction of a sharp grievous injury cannot be allowed, therefore, application for suspension of sentence of appellant-Girraj Son Of Gopal Lal is hereby dismissed but application in respect of other four appellants-Babulal, Kalu Lal, Mukutbihari and Dinesh are hereby allowed.

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Therefore, sentence of accused-appellants- Babulal Son Of Gopal Lal, Kalu Lal Son Of Gopal Lal, Mukutbihari Son Of Babu Lal and Dinesh Son Of Babu Lal , are suspended till disposal of appeal with the condition that they would execute a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each of them to the satisfaction of the learned trial Judge for their appearance in this court on 21.12.2023 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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Misc. Application stands disposed of.

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(ASHOK KUMAR JAIN),J

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Arun/49

Girraj Son of Gopal Lal v. State of Rajasthan

Case brief

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Girraj Son of Gopal Lal v. State of Rajasthan

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