Allowed

Shakti Singh Son of Shri Vikram Singh v. State of Rajasthan

Rajasthan HC8 Jan 2024SOSA/256/2023

Case brief

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What is this about?

The High Court allowed an application for suspension of sentence under Section 389 CrPC. The accused, already in custody for over two and a half years, was granted suspension of the five-year sentence pending appeal, conditioned on furnishing a bond and sureties under supervision of the trial court.

What did the court decide?

Suspension of the five-year sentence awarded in Sessions Case No.270/2021 during pendency of appeal, conditional upon furnishing a bond and sureties.

Shakti Singh Son of Shri Vikram Singh Vs… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:1142]

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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 (Appeal) No. 256/2023

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S.B. Criminal Appeal No.197/2023

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Shakti Singh Son Of Shri Vikram Singh, Aged About 27 Years, Resident Of Pura Badi, Police Station Dhod, District Sikar (Rajasthan) Presently Was Residing At Ward No. 28, Ramlila Maidan Sikar (Presently Confined In District Jail Bikaner) (Raj)

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----Appellant

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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 Appellant(s)	: Mr. Aatish Jain
For Respondent(s)	: Mr. Prashant Sharma,P.P.

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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08/01/2024

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Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 389 of Cr.P.C. alongwith the appeal, to suspend the sentence awarded by the Court of Additional Sessions Judge, No.4, Sikar (Rajasthan), vide its judgment dated 12.01.2023, in Sessions Case No.270/2021, whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of five years simple imprisonment with fine.

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Learned counsel appearing for the applicant-appellant submits that the applicant was not on bail during trial & at present he is in custody from more than last two and a half year and the hearing of the appeal will take its own time, hence, the sentence

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[2024:RJ-JP:1142]

[SOSA-256/2023]

awarded to the applicant-appellant may be suspended during the pendency of the appeal.

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Learned Public Prosecutor has vehemently opposed the submissions made herein-above.

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Heard. Perused the material made available on record.

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Taking into consideration the term of sentence & the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellant during the pendency of the appeal.

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Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Shakti Singh Son Of Shri Vikram Singh, by the learned Trial Court shall remain suspended during pendency of the appeal, provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial Court with the stipulation that he shall appear before this Court on 09.02.2024 and thereafter, as and when he is called upon to do so.

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(VINOD KUMAR BHARWANI),J

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SAURABH /26

Shakti Singh Son of Shri Vikram Singh v. State of Rajasthan

Case brief

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Shakti Singh Son of Shri Vikram Singh v. State of Rajasthan

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