Allowed

Siya @ Siyaram Son of Khokhaliya v. State of Rajasthan

Rajasthan HC22 Nov 2024SOSA/1809/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the suspension of sentence application filed by Siya @ Siyaram. The court considered the nature of injury, lack of repeated injuries, and existing cross-cases between parties granting bail on personal bond and sureties.

What did the court decide?

Suspended sentence on furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.

Siya @ Siyaram Son of Khokhaliya Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:47860]

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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. 1809/2024

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S.B. Criminal Appeal No.2705/2024

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Siya @ Siyaram Son Of Khokhaliya, Resident Of Khedi Haivat Police Station Suroth District Karauli (At Present Confined At Sewer Jail Bharatpur)

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Niroti Son Of Khokhaliya, Resident Of Khedi Haivat Police Station Suroth District Karauli

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Ajay Son Of Siyaram, Resident Of Khedi Haivat Police Station Suroth District Karauli

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Dauji Son Of Mangal, Resident Of Khedi Haivat Police Station Suroth District Karauli- (Died)

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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) : Mr. Mahander Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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22/11/2024

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

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Heard.

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

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The Co-ordinate Bench of this Court vide order dated 18.10.2024 allowed the application of suspension of sentence of accused- applicants/appellants Niroti S/o Khokhaliya & Ajay S/o Siyaram and directed to release them on bail, while keeping

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pending the application for suspension of sentence of accusedapplicant/appellant- Siya @ Siyaram S/o Khokhaliya and the same was ordered to be considered only after receipt of record.

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Record of the Trial Court has been received.

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The Co-ordinate Bench of this Court while allowing the application of suspension of sentence of co-accused- Niroti S/o Khokhaliya & Ajay S/o Siyaram observed that they are on bail and disposal of appeal will take its own time.

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Allegation against accused-applicant/appellant- Siya @ Siyaram S/o Khokhaliya is of causing single injury to injuredGopal and the said injury has been opined to be grievous in nature. Dr. Deepchand Koli (PW-16), who prepared the medical report, has stated in his statement that it cannot be denied that the injury caused by the accused-applicant may be dangerous to life. He also stated in his statement that the said injury may be caused by falling on a stone. There is no allegation against the accused applicant/appellant- Siya @ Siyaram S/o Khokhaliya of causing any repeatedly additional injury.

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As per the submissions of counsel for the accusedapplicant/appellant, the applicant/appellant was on bail during trial and he has not misused the liberty of bail. It is also stated that there are cross cases between the parties, which is an admitted fact and the same has been admitted by the injuredGopal in his statement recorded during his examination before the trial Court.

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Taking into consideration the totality of the facts and circumstances of the case and also the observations given above,

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this Court finds that it is a fit case for suspending the sentence of the accused- applicant/appellant Siya @ Siyaram S/o Khokhaliya. 10. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accusedapplicant/appellant- Siya @ Siyaram S/o Khokhaliya in Special Session Case No.199/2016 shall remain suspended on furnishing a personal bond 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 he shall appear before this Court on 04.02.2025 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:-

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A. After release of the accused applicant/appellant, he shall not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled.

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B. He will appear before the trial Court in the month of December of every year till the appeal is decided. C. If the applicant/appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as the counsel in the High Court. D. Similarly, if the sureties change his address, he will give in writing his changed address to the trial Court.

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

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(GANESH RAM MEENA),J

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ARTI SHARMA /99

Siya @ Siyaram Son of Khokhaliya v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Siya @ Siyaram Son of Khokhaliya v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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