Allowed

Deendayal S/O Shri Prithviraj, v. State of Rajasthan

Rajasthan HC8 Jul 2023SOSR/424/2023

Case brief

AI extract

What is this about?

The High Court allowed the application to suspend the execution of the applicant's sentence of two years imprisonment for offences under Sections 279 and 304A IPC, pending the conclusion of the revision petition, subject to furnishing a bond.

What did the court decide?

Execution of sentence suspended pending revision petition upon furnishing personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Deendayal S/O Shri Prithviraj, Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023:RJ-JP:34284]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Bail (Suspension of Sentence) Application No.424/2023

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S.B. Criminal Revision Petition No. 1524/2023

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Deendayal S/o Shri Prithviraj, R/o House No. 230, Shoping Center, Kota, Police Station Gumanpura, District Kota (Rajasthan). ( Presently At Central Jail, Kota).

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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----Respondent

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For Petitioner(s) : Mr. Sudhir Jain with Mr. Monu Kumar For Respondent(s) : Mr. Chandragupt Chopra, PP

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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08/11/2023

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This application for suspension of sentence has been filed by the applicant-petitioner alongwith the revision petition.

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Learned counsel for the applicant-petitioner submits that the applicant-petitioner has been convicted by the learned Trial Court for offence(s) under Section(s) 279 & 304A I.P.C. and sentenced with a maximum period of two years simple imprisonment along with fine as per judgment dated 13.12.2019. Counsel further submits that the applicant-petitioner has also filed an appeal before the learned Appellate Court and the same was dismissed, while affirming the judgment of the Trial Court, vide its order dated 04.10.2023.

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Learned counsel for the applicant-petitioner has annexed the Certificate under Rule 311 of High Court Rules, 1952 to the effect that the applicant was on bail during trial and presently, he is behind the bars since long time. It is submitted on behalf of the applicant-

[2023:RJ-JP:34284]

[SOSR-424/2023]

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petitioner that the judgment of conviction and sentence passed by the Trial Court, is totally based upon surmises and conjectures and the revision petition is likely to take long time to conclude. Hence, the execution of sentence awarded to the applicant may be suspended during the pendency of the revision petition.

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Learned Public Prosecutor has vehemently opposed the submissions made by learned counsel for the applicant-petitioner.

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Looking to the term of sentence and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-petitioner.

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Having heard learned counsel for the parties and after going through the entire material made available on record, this application for suspension of sentence, is allowed and it is hereby ordered that the execution of sentence awarded to the applicant-petitioner, namely Deendayal S/o Shri Prithviraj, by the Trial Court vide judgment dated 13.12.2019 and affirmed by the Appellate Court vide order dated 04.10.2023, shall remain suspended during the 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 08.12.2023 and thereafter, as and when he is called upon to do so.

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(VINOD KUMAR BHARWANI),J

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SAHIL SONI /306

Deendayal S/O Shri Prithviraj, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Deendayal S/O Shri Prithviraj, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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