Allowed

Sanni @ Nagendra Singh v. State of Rajasthan

Rajasthan HC7 May 2023SOSR/107/2023

Case brief

AI extract

What is this about?

The High Court considered an application for suspension of sentence pending a criminal revision. Finding the case fit for suspension due to prior bail status and potential trial delays, the Court allowed the application, releasing the applicant on bail with a personal bond and conditions for appearing before the trial court.

What did the court decide?

Application for suspension of sentence allowed; petitioner ordered to be released on bail with a personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Sanni @ Nagendra Singh Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2023)

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[2023/RJJD/015612]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension of Sentence Application

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No.107/2023

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S.B. Criminal Revision Petition No. 463/2023

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Sanni @ Nagendra Singh S/o Shri Mohan Singh Rathore, Aged About 29 Years, R/o Vill. Aambawadi Banswara Dist. Banswara Raj. (Petitioner Lodged At Dist. Jail Banswara)

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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. Vijay Kumar For Respondent(s) : Mr. Mohd. Javed Gauri, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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17/05/2023

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The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 22.03.2023 passed by the learned ACJM, Banswara in Criminal Regular Case No.174/2021 (CIS No.3250/2014) whereby he was convicted and sentenced to suffer maximum punishment of five years simple imprisonment along with fine of Rs.10,000/-under Section 326 of IPC and lesser punishment for other offences under Sections 323 and 341 of IPC.

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Learned counsel for the petitioner submits that the learned trial court as well as the learned appellate court has committed an error of law in appreciating the evidence

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brought on record, therefore, the material would be required to be appreciated again. The petitioner was on bail during trial and during the course of appeal.

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Per contra, learned public prosecutor has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the petitioner on application for suspension of sentence.

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Heard learned counsel for the parties and perused the material available on record.

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As per PW-8 Dr. Shyam, the injury received by the victim was found on her finger. In this background and considering the submissions advanced at bar and looking to the totality of facts and circumstances of the case, more particularly the facts that he was on bail during the course of trial and the hearing of revision is likely to take further more time and considering the overall submissions 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 revision, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-petitioner.

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Accordingly, the application for suspension of sentence filed under Section 397/401 Cr.P.C. is allowed and it is ordered that the sentence passed by learned ACJM, Banswara in Criminal Regular Case No.174/2021 (CIS No.3250/2014) against the petitioner-applicant- Sanni @ Nagendra Singh S/o Shri Mohan Singh Rathore shall remain suspended till final disposal of the aforesaid revision petition and he shall

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be released on bail provided each 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 19.06.2023 and whenever ordered to do so till the disposal of the revision petition on the conditions indicated below:-

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That he will appear before the trial Court in the month of January of every year till the revision is decided.

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That if the applicant change the place of residence, he will give in writing his changed addresses to the trial Court as well as to the counsel in the High Court.

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

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(FARJAND ALI),J

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18-Ashutosh/-

Sanni @ Nagendra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sanni @ Nagendra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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