Allowed

Adisal Son of Devkaran v. State of Rajasthan

Rajasthan HC21 Nov 2024SOSA/2040/2024

Case brief

AI extract

What is this about?

The High Court allowed an application for suspension of sentence. The Court suspended the sentence awarded to six accused-appellants pending the disposal of their appeal, subject to furnishing a bond and sureties.

What did the court decide?

Suspended the sentences awarded to the accused-appellants; ordered them to furnish a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.

Adisal Son of Devkaran Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2024)

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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.2040/2024

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S.B. Criminal Appeal (Sb) No. 2985/2024

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Adisal Son Of Devkaran, Aged About 58 Years, Resident Of Village Kutuki Police Station Tahala District Alwar (Raj)

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Ramsingh Son Of Bhagwan Sahay, Aged About 35 Years, Resident Of Village Kutuki Police Station Tahala District Alwar (Raj)

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Kamlesh @ Kamal Son Of Saudan, Aged About 33 Years, Resident Of Village Kutuki Police Station Tahala District Alwar (Raj)

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Pappuram Son Of Saudan, Aged About 40 Years, Resident Of Village Kutuki Police Station Tahala District Alwar (Raj)

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Vishram Singh Son Of Laxman Singh, Aged About 36 Years, Resident Of Village Kutuki Police Station Tahala District Alwar (Raj)

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Hanuman Singh Son Of Adisal, Aged About 30 Years, Resident Of Village Kutuki Police Station Tahala District Alwar (Raj)

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----Appellants/Applicants

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Versus

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State of Rajasthan, through P.P.

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Bihari Lal Son Of Nahanu Ram, Resident Of Village Katuki Tehsil Rajgarh Police Station Tahala District Alwar (Rajasthan)

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----Respondents

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For Applicants(s) : Mr. S.S. Sunda For Respondent(s) : Mr. Amit Punia, Public Prosecutor

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HON'BLE MR. JUSTICE GANESH RAM MEENA Order

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21/11/2024

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Learned Public Prosecutor submits that the

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complainant/victim has already been intimated as regards the

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(2 of 3)

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[SOSA-2040/2024]

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filing and hearing of the appeal as well as application for suspension of sentence.

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

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As per the certificate filed under Section 311(3) of the Rajasthan High Court Rules, the accused-appellants were on bail during trial and they did not misuse the liberty granted to them.

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Learned counsel for the accused-applicants submits that the sentence awarded to the accused-applicants/appellants has already been suspended for a period of 30 days by the learned trial Court under the Provisions of Section 430 of the B.N.S.S. 5. Learned Public Prosecutor opposed the application for suspension of sentence.

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Heard.

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Considered the submissions made at bar and also perused the impugned judgement and order of conviction and sentence passed by the learned trial Court.

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Taking into consideration the totality of the facts and circumstances of the case and also the findings given by the learned trial Court, this Court without expressing any opinion on the merits and demerits of the case, deems fit to suspend the sentence awarded to the accused-applicants/appellants.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to the accused-appellants, namely, (1) Adisal S/o Devkaran, (2) Ramsingh S/o Bhagwan Sahay, (3) Kamlesh @ Kamal S/o

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(3 of 3)

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[SOSA-2040/2024]

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Saudan, (4) Pappuram S/o Saudan, (5) Vishram Singh S/o Laxman Singh and (6) Hanuman Singh S/o Adisal in Sessions Case (CIS) No.105/2013 (CIS No.1580/2014) shall remain suspended provided they furnish a personal bond in the sum 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 they shall appear before this Court on 02.01.2025 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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i) After release of the accused appellants, they shall not indulge in any criminal activity and if it is found that they are involved in any criminal activity, the order shall be recalled. ii) They will appear before the trial Court in the month of December of every year till the appeal is decided.

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iii) If the appellants change the place of residence, they will give in writing their changed address to the trial Court as well as the counsel in the High Court. iv). Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

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

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mail.

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(GANESH RAM MEENA),J

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Ashish Kumar/36

Adisal Son of Devkaran v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Adisal Son of Devkaran v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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