Allowed

Sanwariya S/O Mansingh v. State of Rajasthan

Rajasthan HC8 Jan 2024SOSA/1696/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an application under Section 389 CrPC to suspend the imprisonment sentence of two convicted appellants during the pending appeal. The appellants were required to furnish a personal bond with sureties and appear as called.

What did the court decide?

Sentence awarded to appellants shall be suspended during pendency of appeal upon furnishing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

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

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[2024:RJ-JP:934]

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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 (Appeal) No. 1696/2023

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S.B. Criminal Appeal No.3211/2023

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Sanwariya S/o Mansingh, Resident Of Village Badi Sarvan Gram Amargarh, Police Station Sarvan District Ratlaam (M.p) Hal Makan Number 135, Sanjeev Nagar Colony, Ratlaam Police Station Alkapuri, District Ratlaam (M.p) (At Present Confined In Central Jail Bharatpur, District Bharatpur)

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Mubarik S/o Mohmmad Ali Mugiya, Resident Of Multanpura, Police Station Jiyad District Mandosour (M.p) (At Present Confined In Central Jail, Bharatpur, District Bharatpur)

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----Appellants

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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 Appellant(s) : Mr. Rajeev Kumar Sogarwal For Respondent(s) : Mr. Imran Khan, P.P.

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 08/01/2024

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Instant application for suspension of sentence has been preferred on behalf of the applicant-appellants under Section 389 of Cr.P.C. alongwith the appeal, to suspend the sentence awarded by the Court of Additional Sessions Judge No.3, Bharatpur (Rajasthan), in Sessions Case No.15/2014, whereby the applicantappellants were convicted for the alleged offence(s) & sentenced to undergo maximum period of five years rigorous imprisonment with fine.

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(2 of 2) [SOSA-1696/2023]

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[2024:RJ-JP:934]

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Learned counsel appearing for the applicant-appellants submits that the applicants were on bail during trial, they are behind the bars since long time and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellants may be suspended during the pendency of the appeal.

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Learned Public Prosecutor has vehemently opposed the submissions made herein-above.

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Heard. perused the material made available on record.

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Taking into consideration the term of sentence & the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellants during the pendency of the appeal.

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Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicants, namely, Sanwariya S/o Mansingh and Mubarik S/o Mohmmad Ali Mugiya by the learned Trial Court shall remain suspended during pendency of the appeal, provided each of them furnishes a personal bond in the sum of Rs.50,000/together with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial Court with the stipulation that they shall appear before this Court on 19.02.2024 and thereafter, as and when they are called upon to do so.

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(VINOD KUMAR BHARWANI),J

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SAURABH /41

Sanwariya S/O Mansingh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sanwariya S/O Mansingh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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