Allowed

Ganesh Son of Deewan Singh v. State of Rajasthan

Rajasthan HC18 Dec 2024SOSA/1845/2024

Case brief

AI extract

What is this about?

The Court allowed the suspended sentence application of an appellant convicted in a criminal case. The judgment relies on similar treatment of coaccused, bail status during trial, and lack of specific overt acts assigned to the applicant, ordering him to furnish a bond.

What did the court decide?

Sentence suspended subject to furnishing a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.

Ganesh Son of Deewan Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:51999-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. 1845/2024

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D.B. Criminal Appeal No.283/2024

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Ganesh Son Of Deewan Singh, Aged About 45 Years, R/o Rajai, Police Station Basaidang, District Dholpur. (Presently Confined In District Jail Dholpur).

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----Applicant

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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. Rinesh Kumar Gupta For State : Mr. Gaurav Gupta, Asst. G.A. For : None Present Complainant/Victim

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA

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Order

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18/12/2024

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Accused-applicant has 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 informed by learned Asstt. Govt. Adv. that complainant/victim has been intimated about filing of the criminal appeal as well as the application for suspension of sentence. Report in this regard is taken on record. Despite intimation, no one has put in appearance on behalf of the victim.

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(2 of 3)

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[2024:RJ-JP:51999-DB]

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[SOSA-1845/2024]

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It is contended by learned counsel for the accused-applicant that allegation in the F.I.R. was against as many as 21 persons. However, the charge-sheet was filed against eight persons, out of which, one died during the trial. Out of these seven persons who faced the trial, three persons were acquitted and four persons were convicted. As the applicant did not appear during recording of statement under Section 313 Cr.P.C., he was declared as absconding. Later on, he was arrested and was convicted. It is further contended that out of four persons that have been convicted, sentence of Banwari and Bhura have been suspended. Vishal who had caused the gunshot injuries to the deceased is behind the bar. It is further contended that case of the present applicant is similar to those who have been acquitted.

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Learned Asst. Govt. Advt. has opposed the present application for suspension of sentence.

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We have considered the contentions.

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Taking note of the fact that applicant was on bail during trial; the cause of death is gun-shot injury which is assigned to Vishal; application for suspension of sentence of similarly situated coaccused has been allowed by the Court; also taking note of the fact that applicant-Ganesh was on bail during trial and there is no overt act assigned to applicant-Ganesh; disposal of appeal will take time and without further going into the merits of the case, we deem it proper to allow the present application for suspension of sentence.

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Accordingly, the present application for suspension of

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[SOSA-1845/2024]

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[2024:RJ-JP:51999-DB]

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(3 of 3)

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sentence is allowed. It is ordered that the sentence awarded to accused applicant in Sessions Case No.187/2013 shall remain suspended if the accused-applicant 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 he shall appear before this Court as and when called upon to do so.

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(SHUBHA MEHTA),J

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(PANKAJ BHANDARI),J

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GARIMA-DAKSH/81

Ganesh Son of Deewan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ganesh Son of Deewan Singh v. State of Rajasthan

Case brief

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