Allowed

Onkar Nath Verma S/O Shri Kedar Nath Verma v. State of Rajasthan

Rajasthan HC28 Nov 2024SOSA/1051/2024

Case brief

AI extract

What is this about?

This bench allowed a second application for suspension of sentence due to prolonged custody and pending appeal, directing the accused to furnish a bond and two sureties.

What did the court decide?

Application for suspension of sentence allowed; sentence suspended subject to furnishing a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.

Onkar Nath Verma S/O Shri Kedar Nath Verma Vs State of Rajasthan — Rajasthan HC (2024) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc Second Suspension Of Sentence Application No. 1051/2024

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D.B. Criminal Appeal No.466/2019

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Onkar Nath Verma S/o Shri Kedar Nath Verma, R/o 8/238, Malviya Nagar, Jaipur Police Station Jawahar Circle, Jaipur Presently Lodged In Open Jail Central Jail Jaipur

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----Applicant

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Versus

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State Of Rajasthan, Though Public Prosecutor

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----Respondent

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For Applicant(s) : Mr. Sudhir Jain with Mr. Aman Galav For Respondent(s) : Mr. Suresh Kumar Saini, AGA with Mr. Kshitiz Tiwari

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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28/11/2024

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Applicant has preferred this second application for suspension of sentence.

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Heard on second application for suspension of sentence.

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It is contended by counsel for the applicant that applicant has remained in custody for a period of 10 years and 10 months including remission. It is also contended that case based on circumstantial evidence. Disposal of appeal will take time.

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Learned AGA has opposed the application for suspension of sentence.

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We have considered the contentions.

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(2 of 2)

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[SOSA-1051/2024]

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Considering the facts that first application for suspension of sentence was dismissed on 13.12.2021; that a period of about three years have lapsed but appeal has not taken up for hearing; that applicant has remained in custody for a period of 10 years and 10 months including remission and disposal of appeal will take time, we deem it proper to allow the application for suspension of sentence.

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Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused applicant in Sessions Case No.28/2018 (121/2015) CIS No.295/2015 shall remain suspended if the applicant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/each to the satisfaction of the learned trial Court to the effect that he shall appear before this Court as and when called upon to do so.

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(VINOD KUMAR BHARWANI),J

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(PANKAJ BHANDARI),J

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Heena/59

Onkar Nath Verma S/O Shri Kedar Nath Verma v. State of Rajasthan

Case brief

What is this about?

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Onkar Nath Verma S/O Shri Kedar Nath Verma v. State of Rajasthan

Case brief

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