Allowed

Vishal S/O Dharmpal v. State of Rajasthan

Rajasthan HC19 Dec 2024SOSA/1628/2024

Case brief

AI extract

What is this about?

High Court of Rajasthan allowed an application for suspension of sentence filed by two accused-applicants under Section 430 of BNSS 2023. Considering the co-accused's similar application was allowed, the Court suspended the sentence subject to furnishing a bond and sureties, with conditions to avoid criminal activity and ensure periodic court appearances.

What did the court decide?

Sentence awarded to accused-applicants suspended pending appeal disposal subject to furnishing bond and sureties and adhering to specified conditions.

Vishal S/O Dharmpal Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JP:52266]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc Suspension Of Sentence Application No. 1628/2024

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S.B. Criminal Appeal No.2446/2024

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Vishal S/o Dharmpal, R/o Sangi Ka Bas, House No. 7, Police Station Rewari City, District Rewari Haryana (Presently Confined In Central Jail Alwar)

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Sandeep S/o Rajendra, R/o Gali No. 5, Shanti Nagar Police Station City Rewari District Rewari Haryana (Presently Confined In Central Jail Alwar)

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----Petitioners

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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 Petitioner(s) : Ms. Jamasi For Respondent(s) : Mr. Amit Punia, PP

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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19/12/2024

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The accused-applicants have preferred the present application for suspension of sentence under Section 430 of the B.N.S.S., 2023.

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Learned counsel for the accused-applicants submits that the accused-applicants were on bail during trial and they did not misuse the liberty granted to them. Counsel further submits that the application for suspension of sentence of co-accused- Satbir S/o Subhash Chand bearing No.1547/2024 in Criminal Appeal

(2 of 3)

[2024:RJ-JP:52266]

[SOSA-1628/2024]

No.2333/2024, has already been allowed by Co-ordinate Bench of this Court vide order dated 09.10.2024.

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Learned Public Prosecutor has opposed the application for suspension of sentence.

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Heard.

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Considered the submissions made at bar and also perused the material available on record.

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Taking into consideration the totality of the facts and circumstances of the case and more particularly the fact that the application for suspension of sentence of co-accused- Satbir S/o Subhash Chand bearing No.1547/2024 in Criminal Appeal No.2333/2024, has already been allowed by Co-ordinate Bench of this Court vide order dated 09.10.2024, this Court deems just and proper to suspend the sentence awarded to the accusedapplicants.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to the accused-applicants, namely, Vishal S/o Dharmpal & Sandeep S/o Rajendra in Sessions Case No.34/15/2015 (26/2010) CIS No.110/2014 shall remain suspended provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court to the effect that they shall appear before the Registrar Judicial on 20.01.2025 and further on subsequent date(s) as and when called upon to do so till the disposal of the appeal on the conditions as follows:-

(3 of 3)

[2024:RJ-JP:52266]

[SOSA-1628/2024]

i) After release of the accused applicants, they shall not indulge in any criminal activity and if it is found that they are involved in any criminal activity, the order shall be recalled.

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ii) They will appear before the trial Court in the month of December of every year till the appeal is decided.

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iii) If the applicants change the place of residence, they will give in writing their changed address to the trial Court as well as the counsel in the High Court.

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iv). Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

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A copy of this order be sent to learned trial Court through e-

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mail.

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(GANESH RAM MEENA),J

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ARTI SHARMA /174

Vishal S/O Dharmpal v. State of Rajasthan

Case brief

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Vishal S/O Dharmpal v. State of Rajasthan

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