Allowed

Kadu S/O Khiladi v. State of Rajasthan

Rajasthan HC7 Jul 2023SOSA/999/2023

Case brief

AI extract

What is this about?

The High Court suspended the sentence awarded to three appellants convicted under the POCSO Act pending the disposal of their appeal. The court fixed a personal bond and conditions for appearance before the trial court and scheme of appeal.

What did the court decide?

Sentence suspended pending appeal subject to execution of personal bond of Rs.50,000 with two sureties and appearance in court on 20.12.2023 and annually thereafter.

Kadu S/O Khiladi 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. Misc. Suspension of Sentence Application No. 999/2023

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S.B. Criminal Appeal No. 1703/2023

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Kadu S/o Khiladi, Resident Of Dhoolwas, P.s. Sapotara, District Karauli(Raj.)

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Kanchan Bai W/o Khiladi, Resident Of Dhoolwas, P.s. Sapotara, District Karauli(Raj.)

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Ramniri @ Niri D/o Khiladi, Resident Of Dhoolwas, P.s. Sapotara, District Karauli(Raj.)

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----Appellants

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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 Appellant(s) : Ms. Surabhi Agrawal & Mr. Rahul Sharma for Mr. Rajneesh Gupta For Respondent(s) : Mr. B.L. Nasuna, Dy.GA.

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order

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07/07/2023

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Learned Public Prosecutor accepts notice on behalf of State. Present appeal is preferred against order of conviction dated 27.06.2023 in Sessions Case No. 98/2022 passed by learned Special Judge, POCSO Act cases, Karauli whereby appellants were convicted and sentenced accordingly.

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Considered the grounds of appeal and perused the material available on record.

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Admit.

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Call for record.

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It is contended on behalf of appellant that awarded sentence was already suspended under Section 389(3) Cr.P.C for a period of

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[SOSA-999/2023]

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(2 of 3)

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thirty days so as to enable appellants to procure suspension order from appellate court. He submits that appellants were on bail during trial. He submits that disposal of appeal will take time and appellants are already on bail, so they be released on bail.

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Considered the grounds that maximum punishment awarded was three years of imprisonment and it is stated that appellants were on bail during trial.

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Having considered the entirety of facts and the fact that appellants were on bail and disposal of appeal will take its own time, therefore application under Section 389(1) of Cr.P.C. is allowed and sentence of appellants accused- Kadu S/o Khiladi, Kanchan Bai W/o Khiladi & Ramniri @ Niri D/o Khiladi is 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 to the satisfaction of the learned trial Judge for his appearance in this court on 20.12.2023 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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[SOSA-999/2023]

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(3 of 3)

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Similarly, if the sureties change their

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address(s),they will give in writing their changed

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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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CHETNA BEHRANI /50

Kadu S/O Khiladi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kadu S/O Khiladi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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