Allowed

Shivam Solanki S/O Shri Chhotu Singh v. State of Rajasthan

Rajasthan HC5 Dec 2024SOSA/1952/2024

Case brief

AI extract

What is this about?

Suspension of sentence application by an appellant convicted in Sessions Case No.52/2019 for murder. Counsel argued co-accused's sentence was suspended and FIR named unknown persons. Court noted applicant was on bail during trial, appeal disposal will take time, case rests on circumstantial evidence, and allowed suspension with bond of Rs.1,00,000 and two sureties of Rs.50,000.

What the court decided

AI extract

Shivam Solanki S/O Shri Chhotu Singh Vs State… — Murder and Culpable Homicide | Rajasthan HC (2024)

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[2024:RJ-JP:50179-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. 1952/2024

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D.B. Criminal Appeal No.379/2024

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Shivam Solanki S/o Shri Chhotu Singh, Aged About 19 Years, R/o Nagla Gopal, Police Station Chiksana, District Bharatpur. (Presently In Central Jail Sewar District Bharatpur).

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----Applicant

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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 Applicant(s)	: Mr. Mukesh Pal Jadoun
For State	: Mr. Gaurav Gupta, Asstt. G.A.
For Complainant(s)	: Mr. Anurodh Chaturvedi

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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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05/12/2024

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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 contended by counsel appearing for the accusedapplicant that sentence of similarly situated co-accused Ramesh Saini has been suspended by the Court. F.I.R. was filed against unknown persons. Even in the statement recorded under Section 161 Cr.P.C., name of the applicant was not mentioned. It is also contended that cause of death is firearm injury and firearm has not been recovered at the instance of the applicant.

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(2 of 2) [SOSA-1952/2024]

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[2024:RJ-JP:50179-DB]

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Learned Assistant Government Advocate as well as counsel appearing for the complainant have opposed the present application for suspension of sentence.

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We have considered the contentions.

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Considering the fact that applicant was on bail during trial; disposal of appeal will take time; sentence of similarly situated co-accused Ramesh Saini has been suspended by the Court; case rests upon circumstantial evidence, we deem it proper to allow the present application for suspension of sentence.

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Accordingly, present application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused applicant in Sessions Case No.52/2019 (C.I.S. No.58/2019) 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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(SHUBHA MEHTA),J

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(PANKAJ BHANDARI),J

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AMIT/50

Shivam Solanki S/O Shri Chhotu Singh v. State of Rajasthan

Case brief

What is this about?

What the court decided

Shivam Solanki S/O Shri Chhotu Singh v. State of Rajasthan

Case brief

What is this about?

What the court decided

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