Allowed

Raju S/O Ranjeet, v. State of Rajasthan

Rajasthan HC24 May 2024SOSA/197/2024

Case brief

AI extract

What is this about?

The Court allowed the sixth application for suspension of sentence, holding that keeping the appellant in custody for nearly nine years with the appeal pending for five years would be a travesty of justice. The sentence was suspended subject to furnishing a personal bond and sureties.

What did the court decide?

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

Raju S/O Ranjeet, Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:24812-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc. 6^th Suspension Of Sentence Application No.

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197/2024

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D.B. Criminal Appeal No.123/2019

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Raju S/o Ranjeet, Resident Of Maloni Panwar Police Station Kolari District Dholpur.

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(Presently Confined In Central Jail Bharatpur)

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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. Jitendra Singh Tanwar, Adv. For Respondent(s) : Ms. Alka Bhatnagar, Additional Govt. Adv. Mr. Manoj Kumar Avasthi, Adv. for complainant

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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24/05/2024

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Accused-applicant has preferred this sixth 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 for the applicant that the applicant has remained in custody for eight years and ten months. The allegation in this case was against around twenty persons. Injury had occurred due to axe and sword. The incident took place at the spur of the moment. The earlier application for suspension of sentence was dismissed on merits on 15.05.2020. A period of four years has lapsed and the appeal has not been taken up for hearing. It is also contended that the sentence of co-accused has been suspended by this Court. There is no likelihood of the appeal being heard early. Counsel for the applicant has

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(2 of 2)

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[2024:RJ-JP:24812-DB]

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[SOSA-197/2024]

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relied on the decision of the Hon’ble Supreme Court in the case of Kashmira Singh Vs. The State of Punjab, decided on 02.09.1977 [1977 AIR 2147] and Deepak Bajaj Vs. State of Maharashtra & Anr., decided on 12.11.2008 [2008 (16) SCC 14].

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Learned Public Prosecutor as well as the counsel for the complainant has opposed the application for suspension of sentence and it is contended that the applicant was armed with a sword and the deceased had sustained three sharp injuries. 5. We have considered the contentions. 6. Considering the contentions put forth by counsel for the applicant and the fact that the present appeal is pending for the last five years and applicant has remained in custody for a period of eight years and ten months, it would be a travesty of justice to keep a person in custody as held by the Apex Court in the case of Kashmira Singh (supra) . Looking to the custody period and the fact that disposal of appeal is bound to take time, we deem it proper to allow the suspension of sentence application.

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Accordingly, the suspension of sentence application is allowed. It is ordered that the sentence awarded to accused applicant in Sessions Case No. 34/2015 shall remain suspended if the 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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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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Mohita /5

Raju S/O Ranjeet, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Raju S/O Ranjeet, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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