Allowed

Bhura @ Gulab S/O Chothya v. State of Rajasthan

Rajasthan HC28 Nov 2024SOSA/1889/2024

Case brief

AI extract

What is this about?

The High Court allowed the second application for suspension of sentence of a convict sentenced under Section 302/34 IPC, noting he had remained in custody for eight years and five months and co-accused had been released on bail. The sentence was suspended subject to furnishing bonds and sureties.

What did the court decide?

Application for suspension of sentence allowed; sentence suspended subject to furnishing a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Bhura @ Gulab S/O Chothya Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:48940-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc 2^nd Suspension Of Sentence Application (Appeal) No. 1889/2024

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D.B. Criminal Appeal No.17/2020

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Bhura @ Gulab S/o Chothya, Aged About 60 Years, Resident Of Makanpur, Police Station Kudgaon, District Karauli (Raj.) At Present Changed Named Bhoop Singh, Resident Of Ward No. 2, Indergarh, P. S. Indergarh, District Bundi (Raj.) (At Present In District Jail Karauli)

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----Appellant

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Appellant(s) : Mr. Nikhil Soni For Respondent(s) : Mr. Gaurav Gupta, Assistant Govt. Adv. Mr. Yogesh Singhal

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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28/11/2024

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Accused-applicant has preferred this 2^nd application for suspension of sentence.

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Heard on application for suspension of sentence.

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It is contended by counsel appearing for the applicant that

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the other co-accused persons, namely Chauthya, Rameshwar & Prabhu have already been enlarged on bail. Chauthya has been convicted for the offence under Section 302 of I.P.C. and Rameshwar & Prabhu have been convicted for the offence under Section 302 read with Section 34 of I.P.C. Applicant namely, Bhura @ Gulab S/o Chothya has also been convicted for offence

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[2024:RJ-JP:48940-DB]

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[SOSA-1889/2024]

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(2 of 2)

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under Section 302 read with Section 34 of I.P.C. and he was on bail during trial.

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Learned Assistant Govt. Advocate as well as counsel appearing for the complainant have opposed the present application for suspension of sentence and contended that there is direct evidence against the applicant of causing murder of the deceased.

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We have considered the contentions.

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Considering the fact that applicant has remained in custody for period of eight years & five months including remission and the applicant has been convicted for the offence under Section 302 read with Section 34 of I.P.C. and other co-accused namely, Rameshwar & Prabhu, who were also convicted for the offence under Section 302 read with Section 34 of I.P.C. have been released on bail and without commenting further upon merits of the case, we deem it proper to allow this application for suspension of sentence.

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Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused applicant in Sessions Case No.54/2017(8/2016) shall remain suspended if the accused-applicant furnishes 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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(VINOD KUMAR BHARWANI),J

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(PANKAJ BHANDARI),J

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SAURABH /73

Bhura @ Gulab S/O Chothya v. State of Rajasthan

Case brief

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Bhura @ Gulab S/O Chothya v. State of Rajasthan

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