Allowed

Ashish Kumar @ Nefu Dhobi S/O Chandraprakash v. State of Rajasthan

Rajasthan HC15 Apr 2024SOSA/436/2024

Case brief

AI extract

What is this about?

The High Court allowed suspension of sentence applications filed by convicted appellants pending the disposal of their appeals. The court considered that injuries to victims were simple, one victim was hostile, and no specific overt act was assigned to the appellants in cross-examination.

What did the court decide?

The applications for suspension of sentence under Section 389 Cr.P.C. were allowed; appellants released on bail subject to executing a personal bond and depositing the fine, with periodic appearances

Ashish Kumar @ Nefu Dhobi S/O Chandraprakash Vs State of… — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:17518]

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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. 435/2024

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S.B. Criminal Appeal No.519/2024

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Sonu @ Kamlesh S/o Omprakash, R/o Banjara Colony, Keshavpura P.S. Mahaveer Nagar Kota

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Ankit Jaga S/o Banwarilal, R/o House No. 706, Sector 4, Keshavpura, P.S. Mahaveer Nagar Kota (At Present Confined At Central Jail, Kota)

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----Petitioners

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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Connected With

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S.B. Criminal Misc Suspension Of Sentence Application

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(Appeal) No. 436/2024

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S.B. Criminal Appeal No.520/2024

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Ashish Kumar @ Nefu Dhobi S/o Chandraprakash, R/o Near Keshavpura Masjid Police Station Mahaveer Nagar Kota

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Satyendra Singh Alias Lalla S/o Kuldeep Singh, R/o House No. 201, Sector 4, Keshavpura Masjid Police Station Mahaveer Nagar, Kota

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Sushant Alias Shanshak Alias Kallu S/o Kuldeep Singh, R/o House No. 201, Sector 4, Keshavpura Masjid Police Station Mahaveer Nagar, Kota

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(Presently Confined At Central Jail Kota District Kota)

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----Petitioners

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Versus

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State of Rajasthan, Through P.p

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----Respondent

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S.B. Crl. Misc. Suspension of Sentence Application

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No.504/2024

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(2 of 5) [SOSA-435/2024, SOSA-436/2024 and SOSA-504/2024]

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[2024:RJ-JP:17518]

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S.B. Criminal Appeal (Sb) No. 608/2024

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Deepak Goswami S/o Mohanlal, R/o House No. 592, Santoshi Nagar, P.s. Mahaeer Nagar Kota, (Presently Confined At Central Jail Kota)

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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. Abdul Kalam Khan, Adv.
	Mr. Nitin Kumar Sharma, Adv.
	Mr. Pallav Sharma, Adv.
	Mr. Sanjay Gurjar, Adv. for
	Mr. Ritesh Kumawat, Adv.
For Respondent(s)	: Mr. Atul Sharma, PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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15/04/2024

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Counsel for the applicants-appellants (hereinafter referred to as ‘the appellants’) submits that in all two persons have sustained injuries in the incident occurred on 28.08.2017 wherein the injured Narendra Kumar Nagar (PW-1) and Dilip Meena (PW-2) have sustained simple injures. Counsel submits that none of the injures was found grievous and dangerous to life. Counsel submits that general omnibus allegations were levelled by the witness Narendra Kumar Nagar (PW-1) when his examination-in-chief was recorded during the course of trial but when he was cross-examined, he submitted that the injured Dilip Meena (PW-2) told the names and he was not aware that which injury was inflicted by which accused. Counsel submits that the other injured-Dilip Meena (PW-2) has

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(3 of 5) [SOSA-435/2024, SOSA-436/2024 and SOSA-504/2024]

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[2024:RJ-JP:17518]

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not supported the case of prosecution and he has turned hostile. Counsel submits that the appellants were on bail during the course of trial and disposal of the appeals is bound to take time, therefore, the sentence of the appellants be suspended till disposal of the appeal.

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Per contra, learned Public Prosecutor has opposed the suspension of sentence applications. 3. Heard learned counsel for the appellants and learned Public Prosecutor and perused the material available on record. 4. Considering the arguments put forward by the counsel for the appellants and looking to the fact that both injured have sustained simple injures and the injured Dilip has not supported the case of prosecution and he has been declared hostile and also considering the allegations levelled against the appellants in the cross-examination of Narendra Kumar Nagar (PW-1) wherein specific overt-act has not been assigned to any of the appellants and looking to the fact that the appellants were on bail during the course of trial and disposal of the appeals is likely to take time, therefore, this Court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused-appellants.

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Accordingly, the applications for suspension of sentence filed by the applicants under Section 389 Cr.P.C. are allowed and the sentence awarded by the Court of Sessions Judge, Kota vide judgment dated 28.02.2024 in Sessions Case No.307/2017 against the appellants Sonu @ Kamlesh S/o

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(4 of 5) [SOSA-435/2024, SOSA-436/2024 and SOSA-504/2024]

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[2024:RJ-JP:17518]

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Omprakash, Ankit Jaga S/o Banwarilal [in S.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 435/2024 in S.B. Criminal Appeal No.519/2024]; Ashish Kumar @ Nefu Dhobi S/o Chandraprakash, Satyendra Singh Alias Lalla S/o Kuldeep Singh, Sushant Alias Shanshak Alias Kallu S/o Kuldeep Singh [In S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 436/2024 in S.B. Criminal Appeal No.520/2024] and Deepak Goswami S/o Mohanlal [In S.B. Crl. Misc. Suspension of Sentence Application No.504/2024 in S.B. Criminal Appeal (Sb) No. 608/2024] shall remain suspended till final disposal of the aforesaid appeals, subject to the condition that the appellants shall deposit the fine amount, as imposed by the Trial Court and they shall be released on bail provided they execute a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court for appearance before this Court on 16.05.2024 and whenever ordered to do so, till the disposal of the appeals on the conditions indicated below:-

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That they shall appear before the trial Court in the month of January of every year till the appeal is decided.

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That if the applicants change the place of residence and mobile number, they will give in writing their changed address and mobile number to the trial Court as well as to the counsel in the High Court.

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Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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That appellants shall deposit a fine amount as imposed by the learned trial Court.

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(5 of 5) [SOSA-435/2024, SOSA-436/2024 and SOSA-504/2024]

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[2024:RJ-JP:17518]

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The learned trial Court shall keep the record of attendance of the accused-appellants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellants were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused-appellants do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(ANOOP KUMAR DHAND),J

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MR/313 to 315

Ashish Kumar @ Nefu Dhobi S/O Chandraprakash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ashish Kumar @ Nefu Dhobi S/O Chandraprakash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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