Allowed

Bharosilal Son of Parsadi v. State of Rajasthan

Rajasthan HC5 Dec 2024SOSA/2129/2024

Case brief

AI extract

What is this about?

Appeal against conviction under IPC and SC/ST (Prevention of Atrocities) Act with application for suspension of sentence. The Court noted appellants had been on bail during trial without misuse and suspended their sentences pending appeal, subject to bonds and conditions.

What did the court decide?

Sentence of all seven appellants suspended pending appeal on personal bond of Rs.1,00,000 each with two sureties of Rs.50,000 each, subject to stated conditions.

Bharosilal Son of Parsadi Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JP:50203]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Sentence Suspension Application No. 2129/2024

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S.B. Criminal Appeal (Sb) No. 3075/2024

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Bharosi Lal Son of Parsadi, Aged About 48 Years, Resident of Khatipura P.S. Wajeerpur District Sawai Madhopur (Raj)

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Ramkishore Son of Bharosi, Aged About 25 Years, Resident of Khatipura P.S. Wajeerpur District Sawai Madhopur (Raj)

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Birbal Son Of Mangal, Aged About 50 Years, Resident Of Khatipura P.s Wajeerpur District Sawai Madhopur (Raj)

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Suresh Son Of Ramswaroop, Aged About 30 Years, Resident Of Khatipura P.s Wajeerpur District Sawai Madhopur (Raj)

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Girraj Son Of Harphool, Aged About 28 Years, Resident Of Khatipura P.s Wajeerpur District Sawai Madhopur (Raj)

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Kirodilal Son Of Parsadi, Aged About 40 Years, Resident Of Khatipura P.s Wajeerpur District Sawai Madhopur (Raj)

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Balram Son Fo Ramjilal, Aged About 22 Years, Resident Of Khatipura P.s Wajeerpur District Sawai Madhopur (Raj)

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----Appellants

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Versus

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State of Rajasthan, Through PP

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Amrit Lal Son of Budhram, Resident of Sultanpura Wazirpur Sawai Madhopur (Raj)

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----Respondents

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For Appellant(s) : Mr. Dinesh Yadav For Respondent(s) : Mr. Amit Punia, PP

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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05/12/2024

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Learned Public Prosecutor submits that the

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complainant/victim has already been intimated about the

[2024:RJ-JP:50203]

[SOSA-2129/2024]

(2 of 3)

filing/hearing of this appeal as well as the application for suspension of sentence through S.H.O. concerned police station.

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This appeal has been preferred against the judgment of conviction and sentence dated 11.11.2024 passed by the Court of Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur (Raj.) in Sessions Case No.86/2017, whereby, the accused-appellants have been convicted for the offences under Sections 147, 323, 341, 325, 308, 304, 336, 504 read with Section 149 of IPC and Section 3-1 (r), 3-1(s) & 3-2 (v) SC/ST (Prevention of Atrocities) Act, 1989 and has been sentenced to undergo three years’ rigorous imprisonment with fine.

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Heard.

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Considered the submissions made at Bar and also perused the material available on record.

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The accused-appellants have been convicted and sentenced to undergo three years' rigorous imprisonment with fine and the sentence imposed upon the accused-appellants have already been suspended by the trial Court for a period of thirty days. It has also come on record that the accused-appellants were on bail during trial and they have not misused the liberty of bail.

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Taking into consideration the totality of the facts and circumstances of the case and the fact that the accused-appellants have not misused the liberty of bail granted to them during the trial and considering the observations and findings of the learned trial Court, this Court feels that this is a fit case to suspend the sentence of the accused-appellants.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to the

[2024:RJ-JP:50203]

[SOSA-2129/2024]

(3 of 3)

accused-appellants, namely, Bharosi Lal S/o Parsadi , Ramkishore S/o Bharosi , Birbal S/o Mangal, Suresh S/o Ramswaroop, Girraj S/o Harphool, Kirodilal S/o Parsadi,

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Balram S/o Ramjilal, in Sessions Case No.86/2017 shall remain suspended provided each of them shall 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 06.01.2025 and further on subsequent date(s) as and when called upon to do so

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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.

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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.

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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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DIVYA SAINI /218

Bharosilal Son of Parsadi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bharosilal Son of Parsadi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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