Allowed

Gyani @ Gyanendra Son of Shri Hardayal Singh v. State of Rajasthan

Rajasthan HC2 Dec 2023SOSR/15/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the suspension of sentence application under Section 389 Cr.P.C. during the pendency of a revision petition. The court ordered the petitioner to execute a bond with sureties and appear on 02.01.2024.

What did the court decide?

Suspension of the sentence awarded to the applicant-petitioner during the pendency of the revision petition, conditioned upon furnishing a bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Gyani @ Gyanendra Son of Shri Hardayal Singh Vs… — Criminal Trial and Appeal | Rajasthan HC (2023)

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[2023:RJ-JP:37419]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Suspension of Sentence Application No.15/2023

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S.B. Criminal Revision Petition No. 2103/2022

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Gyani @ Gyanendra Son Of Hardayal Singh, Resident Of Shastri Nagar, Nearby Anand School, Police Station Mathura Gate, Bharatpur (Raj.)

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----Petitioner

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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. Shekhar Singh
For Respondent(s)	: Mr. Suresh Kumar,PP

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order

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02/12/2023

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Instant application for suspension of sentence has been preferred on behalf of the applicant-petitioner under Section 389 of Cr.P.C. alongwith the revision, to suspend the sentence awarded by the Court of learned Additional Chief Judicial Magistrate, No.4, Bharatpur vide its judgement dated 06.02.2016, in Criminal Case No.262/2011 which was affirmed by the appellate Court vide its judgment dated 17.05.2019, in Criminal appeal No.14/2019 while convicting the applicant-petitioner for the alleged offence(s) & sentencing him to undergo a maximum sentence of one year of rigorous imprisonment with fine.

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Learned counsel appearing for the accused-petitioner submits that the appeal before the appellate Court was decided in the absence of the

[2023:RJ-JP:37419]

SOSR-15/2023

(2 of 2)

applicant-petitioner. Hearing of the revision will take time. Hence, the sentence awarded to the applicant-petitioner may be suspended during the pendency of the revision petition.

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Learned Public Prosecutor has vehemently opposed the submissions made herein-above.

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Taking into consideration the conviction, term of sentence & the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant during pendency of the revision petition.

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Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to applicant-petitioner, namely Gyani @ Gyanendra Son Of Hardayal Singh by learned the trial Court and affirmed by the learned appellate Court shall remain suspended during pendency of the revision petition, provided he furnishes a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial Court with the stipulation that he shall appear before this Court on 02.01.2024 and thereafter as and when called upon to do so.

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(VINOD KUMAR BHARWANI),J

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CHHAYA AWASTHI /181

Gyani @ Gyanendra Son of Shri Hardayal Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gyani @ Gyanendra Son of Shri Hardayal Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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