High Court allowed criminal misc. petition seeking suspension of sentence and release on bail during pendency of appeal. Formula applied based on Supreme Court precedent where sentence completed exceeds half.
Impugned order dated 18.11.2023 quashed; accused released on bail via personal bond of Rs.50,000/- plus two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:6475]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 28/2024
Rajkumar @ Rakesh Sain Son Of Shri Kallu Ram, Resident Of Behind Riddhi Siddhi Link Road, Madanganj- Kishangarh, At Present Resident Of Krishna Colony, Ward No. 23, Khodki Road, Nagar, Police Station Nagar, District Bharatpur (Raj). ( At Present In Central Jail, Ajmer).
----Petitioner
Versus
----Respondents For Petitioner(s) : Ms. Jamasi For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
07/02/2024
[2024:RJ-JP:6475]
[CRLMP-28/2024]
(2 of 2)
(SUDESH BANSAL),J
Sachin/611
2 issues framed by the court
Whether sentence of petitioner-accused should be suspended and he released on bail during pendency of criminal appeal.
Whether impugned order rejecting bail application under Section 389 Cr.PC should be quashed.
Colour shows how this judgement treated each authority
Salim Javed Vs. State of RajasthanFollowed¶19
Salim Javed VS. State of Rajasthan [(2006) 9 SCC 354] · Who else cites this
1 provisions across 1 enactments
Rajkumar @ Rakesh Sain Son Of Shri Kallu Ram
State Of Rajasthan
Shyojiram Jat Son Of Shri Mularam
Sudes B Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
