Allowed

Kalam S/O Shri Hussain Bhai v. State of Rajasthan

Rajasthan HC23 May 2024SOSA/714/2024

Case brief

AI extract

What is this about?

The High Court allowed a third application for suspension of sentence, noting the applicant's 11-year custody and a coordinate bench order suspending a co-accused's sentence. The sentence was suspended subject to furnishing personal bond and sureties.

What did the court decide?

Sentence suspended subject to furnishing personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Kalam S/O Shri Hussain Bhai Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:24644-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc. 3^rd Suspension Of Sentence Application (Appeal) No. 714/2024

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D.B. Criminal Appeal No.695/2017

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Kalam S/o Shri Hussain Bhai, R/o Near Girls School Kanwas, District Kota (Raj) (At Present Confined In Central Jail Kota)

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----Applicant

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Versus

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State Of Rajasthan, Through PP

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Xxx, R/o

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	----Respondents
For Applicant	: Mr. Govind Prasad Rawat
For State	: Mr. Prashant Sharma, G.A.
For complainant/ victim	: None present

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order

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23/05/2024

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It is informed by learned Government Advocate that complainant/victim has been intimated about filing of the application for suspension of sentence. Report in this regard has also been submitted and the same is taken on record.

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Despite intimation, no one has put in appearance on behalf of the complainant/victim.

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Accused-applicant has preferred this third application for suspension of sentence.

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Heard on third application for suspension of sentence.

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[2024:RJ-JP:24644-DB]

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[SOSA-714/2024]

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(2 of 2)

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It is contended by learned counsel for the applicant that applicant has remained in custody for about 11 years. Sentence of co-accused Kalu alias Salam has been suspended by the Coordinate Bench on 20.04.2024. Case of the applicant is akin to that of the co-accused whose sentence has been suspended by the Coordinate Bench.

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Learned Additional Govt. Advocate has opposed the third application for suspension of sentence. 7. We have considered the contentions.

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Taking note of the fact that applicant has remained in custody for 11 years, sentence of co-accused Kalu alias Salam has been suspended by the Coordinate Bench on 20.04.2024; case of the applicant is akin to that of the co-accused whose sentence has been suspended by the Coordinate Bench and disposal of appeal is bound to take time, we deem it proper to allow the third application for suspension of sentence.

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Accordingly, the third application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused applicant in Sessions Case No.51/2011 (CIS No.86320/2014) 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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(SHUBHA MEHTA),J

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(PANKAJ BHANDARI),J

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LAKSHYA/26

Kalam S/O Shri Hussain Bhai v. State of Rajasthan

Case brief

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Kalam S/O Shri Hussain Bhai v. State of Rajasthan

Case brief

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What the court decided

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