Allowed

Ramraj S/O Kasarlal v. State of Rajasthan

Rajasthan HC28 Nov 2024SOSA/1298/2024

Case brief

AI extract

What is this about?

High Court allowed an application for suspension of sentence under CrPC/CSJA for two accused in a Sessions Case. The court noted the case relies on circumstantial evidence and the appellants were on bail during trial, deciding to allow suspension contingent upon furnishing a bond and sureties.

What did the court decide?

Application for suspension of sentence allowed; order that sentence shall remain suspended upon furnishing a personal bond of Rs.1,00,000/ and two sureties of Rs.50,000/- each.

Ramraj S/O Kasarlal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:48920-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc. Suspension Of Sentence Application (Appeal) No. 1298/2024

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D.B. Criminal Appeal No.229/2024

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Ramraj S/o Kasarlal, Aged About 35 Years, R/o Jaipuriya Ki Dhani Village Sindara P S Niwai District Tonk (Presently Confined In District Jail Tonk)

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Gangasahai @ Shankar S/o Laxman, Aged About 27 Years, R/o Chhoti Barthal Police Station Baroni District Tonk (Raj) (Presently Confined In District Jail Tonk)

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----Applicants

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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 Applicant(s)	: Mr.	Ravindra Singh Paliwal,Adv.
For Respondent(s)	: Mr.	Sudesh Saini, Addl. G.A. with
	Mr.	Kshitiz Tiwari,Adv.

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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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Accused-applicants have preferred this application for

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suspension of sentence.

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Heard on application for suspension of sentence.

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It is contended by counsel appearing for the accusedapplicants that as many as nine persons were charge-sheeted, out of which, seven have been acquitted by the Trial Court. The accused-applicants were on bail during trial. The case rests upon circumstantial evidence. As per the prosecution, PW-13 has

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[2024:RJ-JP:48920-DB]

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[SOSA-1298/2024]

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(2 of 2)

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already turned hostile. Last seen evidence does not connect the accused-applicants with the crime, as on the same day at about 4:30 PM, the deceased had conversation with his brother PW-2 on video call, whereas as per the last seen witness, the deceased was taken at 11:00 AM on 20.05.2022. It is also contended that statement of last seen witness PW-5 was recorded after a month.

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

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We have considered the contentions.

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Considering the fact that the case rests upon circumstantial

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evidence and the accused-applicants were on bail during trial, without commenting on merits of the case, 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 applicants in Sessions Case No.66/2022 (CIS No.79/2022) shall remain suspended if the accused-applicants furnish 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 they 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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MR/62

Ramraj S/O Kasarlal v. State of Rajasthan

Case brief

What is this about?

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Ramraj S/O Kasarlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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