Allowed

Smt. Heera Devi Wife of Late Birma Ram @ Ramkaran v. State of Rajasthan

Rajasthan HC9 May 2024SOSA/1168/2023

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed the second application for suspension of sentence filed by an HIV-positive female accused applicant who had been in custody for about eight and a half years without remission, imposing conditions for a personal bond and sureties.

What did the court decide?

The sentence awarded to the accused-applicant was suspended upon furnishing a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/each.

Smt. Heera Devi Wife of Late Birma Ram @… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JP:22073-DB]

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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 (Appeal) No.1168/2023

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D.B. Criminal Appeal No.62/2021

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Smt. Heera Devi Wife Of Late Birma Ram @ Ramkaran, Aged About 35 Years, Resident Of Mathasula, Police Station Jamwa Ramgarh, District Jaipur (Raj.) (At Present In Central Jail, Jaipur)

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----Accused/Applicant

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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 Applicant(s) : Pt. Shri Ram Joshi, Advocate For Respondent(s) : Mr. Atul Sharma, Dy. G.A.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA

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Order

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09/05/2024

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Accused-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 appearing for the accusedapplicant that applicant has remained in custody for a period of about eight and a half years without remission. Application of coaccused for suspension of sentence has been allowed. Applicant is a patient of HIV Positive.

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Report was sought from the jail authority with regard to the medical condition. Report has been received and as per the report,

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(2 of 2)

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[2024:RJ-JP:22073-DB]

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[SOSA-1168/2023]

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applicant is undergoing treatment from SMS Hospital. Applicant is a case of HIV Positive.

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Learned Additional Government Advocate has opposed the second application for suspension of sentence.

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We have considered the contentions.

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Considering the fact that applicant is a female, who is suffering from HIV Positive, is already in open jail and her custody period is about eight and a half years and disposal of appeal will take time, we deem it proper to allow the second application for suspension of sentence.

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Accordingly, the second application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused-applicant in Sessions Case No.51/18(13/16) (NCV No.131/18) titled as State of Rajasthan Versus Ratan Lal Meena & Others shall remain suspended if the accused-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 she shall appear before this Court as and when called upon to do so.

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(SHUBHA MEHTA),J

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(PANKAJ BHANDARI),J

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Karan/35

Smt. Heera Devi Wife of Late Birma Ram @ Ramkaran v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt. Heera Devi Wife of Late Birma Ram @ Ramkaran v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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