Allowed

Dinesh S/O Dhannalal v. State of Rajasthan

Rajasthan HC8 Nov 2023SOSR/454/2023

Case brief

AI extract

What is this about?

This bench allowed suspension of sentence and bond on petitioner Dinesh and Padam convicted under Rajasthan Excise Act. Petitioners were behind bars since long. Court deemed it just to suspend sentence pending revision without commenting on merits, requiring personal bond of Rs.50,000 plus two sureties of Rs.25,000 each.

What did the court decide?

Execution of sentence suspended during revision petition; personal bond of Rs.50,000 with two sureties of Rs.25,000 each required.

Dinesh S/O Dhannalal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

¶1

[2023:RJ-JP:34285]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Misc. Bail (Suspension of Sentence) Application No.454/2023

¶4

¶5

S.B. Criminal Revision Petition No. 1611/2023

¶6

Dinesh S/o Dhannalal, Aged About 39 Years, Resident Of Rana Chowk Sunel Police Station Sunel District Jhalawar.

¶7

Padam S/o Radheyshyam, Resident Of Sandhara Police Station Bhanpura District Mandsor (Mp) (At Present Confined To District Jail, Jhalawar)

¶8

----Petitioners

¶9

Versus

¶10

State Of Rajasthan, Through P.P.

¶11

----Respondent

¶12

For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Chandragupt Chopra, PP

¶13

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

¶14

Order

¶15

08/11/2023

¶16

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

¶17

Learned counsel for the applicant-petitioners submits that the applicant-petitioners have been convicted by the learned Trial Court for the offence(s) under Section(s) 16/54 of the Rajasthan Excise Act and sentenced with a maximum period of three years simple imprisonment along with fine as per judgment dated 24.11.2022. The applicantpetitioners have 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 10.10.2023.

[2023:RJ-JP:34285]

[SOSR-454/2023]

(2 of 2)

Learned counsel for the petitioners has annexed the Certificate under Rule 311 of High Court Rules, 1952 to the effect that the applicants were on bail during trial and presently, they are behind the bars since long time. It is submitted on behalf of the applicantpetitioners 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 applicants should be suspended during the pendency of the revision petition.

¶22

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

¶23

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-petitioners.

¶24

Having heard the 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-petitioners, namely Dinesh S/o Dhannalal & Padam S/o Radheyshyam, by the Trial Court vide judgment dated 24.11.2022 and affirmed by the Appellate Court vide order dated 10.10.2023, shall remain suspended during the pendency of the revision petition, provided each of them 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 they shall appear before this Court on 08.12.2023 and thereafter, as and when they are called upon to do so.

¶25

(VINOD KUMAR BHARWANI),J

¶26

SAHIL SONI /308

Dinesh S/O Dhannalal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dinesh S/O Dhannalal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Jogendra Nayak S/O Shri Ramratan Nayak Vs State of Rajasthan

Bhagirath Lal Son of Shri Maliram Vs State of Rajasthan

Mahendra Kumar Sharma Son of Late Sheri Harikrishna Sharma Vs State of Rajasthan

Subhash Chandra Bijnoria @ Subhash Chandra Bijarnia S/O Shri Nemichand Bijnoria @Nemichand Bijarnia Vs State of Rajasthan

Manoj S/O Jawhari Lal Vs State of Rajasthan

Kanaram Son of Banshi Yadav Vs Ramswaroop Saini Son of Banwari Lal Saini