Allowed

Bhanwar Singh S/O Shri Ram Singh v. State of Rajasthan

Rajasthan HC21 Oct 2024SOSA/1798/2024

Case brief

AI extract

What is this about?

High Court allowed suspension of sentence applications for multiple appellants convicted in a rioting and murder attempt case. Court enlarged appellants on bail pending appeal without expressing opinion on merits, subject to bond and surety conditions.

What did the court decide?

Suspension of sentence till disposal of appeals allowed; appellants enlarged on bail subject to execution of personal bond and two sureties.

Bhanwar Singh S/O Shri Ram Singh Vs State of… — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JP:44487]

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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. 1868/2024

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S.B. Criminal Appeal No. 2425/2024

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Indar Singh S/o Shri Ram Singh, Aged About 68 Years, R/o Govliya (Kishanpura) P.s Pushkar District Ajmer (Rajasthan) (Presently Confined At Central Jail Ajmer)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p

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----Respondent

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Connected With

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1615/2024

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S.B. Criminal Appeal No.2426/2024

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Samunder Singh Son Of Shri Karam Singh, Resident Of Kaharo Ka Choraha, Village Ganahera Police Station Pushkar District Ajmer (Confined In Central Jail Ajmer)

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Ladu Singh Son Of Shri Khiya Singh, Resident Of Kaharo Ka Choraha, Village Ganahera Police Station Pushkar District Ajmer (Confined In Central Jail Ajmer)

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Mahendra Singh Son Of Shri Ladu Singh, Resident Of Kaharo Ka Choraha, Village Ganahera Police Station Pushkar District Ajmer (Confined In Central Jail Ajmer)

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Norat Son Of Shri Herdev Ram, Resident Of Kaharo Ka Choraha, Village Ganahera Police Station Pushkar District Ajmer (Confined In Central Jail Ajmer)

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Karam Singh Son Of Shri Bhiya Singh, Resident Of Kaharo Ka Choraha, Village Ganahera Police Station Pushkar District Ajmer (Confined In Central Jail Ajmer)

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p

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----Respondent

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(2 of 5) [SOSA-1868/2024]

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[2024:RJ-JP:44487]

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1798/2024

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S.B. Criminal Appeal No. 2425/2024

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Bhanwar Singh S/o Shri Ram Singh, Aged About 67 Years, R/o Govliya (Kishanpura) P.s. Pushkar District Ajmer (Rajasthan) (Presently Confined At Central Jail Ajmer)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1799/2024

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S.B. Criminal Appeal No. 2425/2024

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Ganpath S/o Shri Ram Singh, Aged About 63 Years, R/o Govliya (Kishanpura) P.s. Pushkar District Ajmer (Rajasthan) (Presently Confined At Central Jail Ajmer)

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----Petitioner

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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 Petitioner(s) : Mr. Veyankatesh Garg with Mr. Harsh Dadhich, Mr. Gurpreet Singh Sodhi and Mr. Chandrashekhar For Respondent(s) : Mr. Vijay Singh Yadav, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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21/10/2024

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The instant applications for suspension of sentence are preferred in pending appeals filed aggrieved from order of conviction and sentence dated 10.09.2024 in Sessions Case

[2024:RJ-JP:44487]

[SOSA-1868/2024]

(3 of 5)

No.57/2014 passed by learned Special Judge (SC/ST (POA) Act Cases) Ajmer whereby appellants were convicted for offence under Sections 148, 323/149, 324/149, 325/149 and 307/149 IPC and sentenced accordingly.

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Learned counsel for the appellant submitted that appellants are innocent persons and they are falsely implicated by the complainant party. He further submitted that two cross-cases were registered by both the sides for incident in question and in one case, charge-sheet was filed against 14 persons whereas in another, police has submitted closure report but ultimately this closure report has led to acquittal of accused in said case. He further submitted that out of 12 persons who faced trial before the trial court, two have expired and remaining 10 persons were convicted with aid and assistance of Section 149 IPC. He further referred the material contradictions in the statement of witnesses and submitted that learned Trial Court has ignored them while drawing the conclusion against the appellants. He further submitted that two injured i.e. PW-12 and PW-13 have deposed contradictory version and same was not supported by other witnesses PW-4 and PW-15. He further referred statement of PW17 (medical jurist) and submitted that no injury sustained by injured was found to be dangerous to life. At last, he submitted that appellants were on bail during trial and they had faced trial before the trial court, from 2006. One of the learned counsel has referred the judgment dated 12.12.2014 in criminal case No. 129/2007 passed by the JJB in relation to one juvenile allegedly involved in present case who was acquitted by JJB.

[2024:RJ-JP:44487]

[SOSA-1868/2024]

(4 of 5)

Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificates and same are taken on record.

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Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of statement of complainant, Manohar Singh recorded on 02.07.2006, FIR No. 118/2006 under Sections 147, 148, 149, 323, 307 IPC was registered at P.S. Pushkar, Ajmer. After investigation, charge-sheet was filed against 12 persons for offence under Sections 147, 148, 149, 323, 324, 325 and 307 IPC but during trial, two persons have expired and learned trial court has convicted remaining 10 persons under Sections 148, 307/149, 324/149, 325/149 and 323/149 IPC. The appellants were on bail during trial and it is not possible to express any opinion on merits of the case, therefore appellants are entitled to be released on bail.

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Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellants can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellants accused- Indar Singh S/o Shri Ram Singh , Samunder Singh Son Of Shri Karam Singh, Ladu Singh Son Of Shri Khiya Singh, Mahendra Singh Son Of Shri Ladu Singh, Norat Son Of Shri Herdev Ram and Karam Singh Son Of Shri Bhiya Singh , Bhanwar Singh S/o Shri Ram Singh , Ganpath S/o Shri Ram Singh is suspended till disposal of appeals with the condition that each of them would executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial

[2024:RJ-JP:44487]

[SOSA-1868/2024]

(5 of 5)

Judge for their appearance in this court on 07.02.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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After release of appellants on bail, they will 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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Thatthey will appear before the trial Court in the month of January of every year till the appeal is decided.

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That if the applicants changes the place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court.

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

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Misc. Application stands disposed of.

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A copy of this order be sent to learned trial court through E- mail.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /33-36

Bhanwar Singh S/O Shri Ram Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhanwar Singh S/O Shri Ram Singh v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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