Allowed

Dharmendra Singh Jadaun S/O Kripal Singh v. State of Rajasthan

Rajasthan HC24 May 2024SOSA/331/2024

Case brief

AI extract

What is this about?

Single bench allowed a second application for suspension of sentence against an applicant convicted under Section 302 IPC, noting his subsequent acquittal in sincere case was not considered earlier and he was on bail during trial, allowing the application subject to bond and sureties.

What did the court decide?

Sentence under Sessions Case No. 18/2014 suspended subject to furnishing personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Dharmendra Singh Jadaun S/O Kripal Singh Vs… — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JP:24811-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc. 2^nd Suspension Of Sentence Application No.

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331/2024

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D.B. Criminal Appeal No.47/2023

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Dharmendra Singh Jadaun S/o Kripal Singh, Aged About 27 Years, Resident Of Gurja Police Station Sabalgarh, District Murena Madhya Pradesh, At Present Tenant In The House Of Shri Prabhat/Suraj Mali, Jai Bhawani Vihar, Vaidhyaji Ka Chauraha, Niwaru Road, Police Station Kardhani, Jaipur And Also At Present Resident Of Hanuman Vatika, Nangal Jaisa Bohara Niwaru Road, Jaipur (Raj) (At Present In Central Jail, Jaipur)

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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. Sandeep Pathak, Adv. with Mr. Akshat Sharma, Adv. For Respondent(s) : Ms. Alka Bhatnagar, Additional Govt. Adv.

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

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24/05/2024

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Accused-applicant has preferred this second 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, who is appearing through legal aid, that the first suspension of sentence was rejected on the ground that applicant was having criminal antecedent of offence under Section 302 IPC. It is contended that the acquittal of the accused was not brought to the notice of the Court when the first suspension of sentence was rejected. Counsel for the applicant has produced the report of the police, wherein, it is mentioned that the applicant was

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(2 of 2)

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[2024:RJ-JP:24811-DB]

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[SOSA-331/2024]

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acquitted by the Juvenile Justice Board Morena, District Morena, Madhya Pradesh on 07.01.2019. It is also contended that applicant was on bail during trial and disposal of appeal will take time. It is contended that recovery is doubtful and the witnesses of recovery have become hostile. It is also contended that as per the statement of landlord, applicant was not residing in the premises where the offence has taken place. It is also contended that it is not established that applicant was with the deceased when he was brought to the village in an ambulance.

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Learned Public Prosecutor has opposed the application for suspension of sentence.

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We have considered the contentions.

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Considering the contentions put forth by counsel for the applicant and the fact that the applicant was on bail during trial; that he has already been acquitted in the criminal antecedent pointed out against him on the basis of which his first suspension of sentence was rejected; 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. 18/2014 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 /6

Dharmendra Singh Jadaun S/O Kripal Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dharmendra Singh Jadaun S/O Kripal Singh v. State of Rajasthan

Case brief

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