Allowed

Tochya @ Suraj Son of Hiralal v. State of Rajasthan

Rajasthan HC26 Feb 2024SOSA/85/2024

Case brief

AI extract

What is this about?

Suspension of sentence application in a Section 307 IPC appeal. The applicant was on bail during trial; injury report and doctor's statement indicated simple injuries by blunt weapon. Sentence suspended and bail granted pending appeal.

What did the court decide?

Execution of seven-year sentence suspended during pendency of appeal; applicant admitted to bail on trial court's satisfaction, to appear before the Court on 19.04.2024 and thereafter as called upon.

Tochya @ Suraj Son of Hiralal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:9655-DB]

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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 No. 85/2024 IN

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S.B. Criminal Appeal No.110/2024

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Tochya @ Suraj Son Of Hiralal, Aged About 27 Years, Resident Of Raroti, Police Station Baran Sadar, District Baran (Raj) At Present Lodged In The Central Jail Kota

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----Petitioner

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Versus

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State Of Rajasthan, Through The Public Prosecutor 2. Victim

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----Respondents

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For Petitioner(s)	: Mr. Ashwin Garg with Mr. Varun Sharma.
For Respondent(s)	: Mr. Javed Chaudhary, Additional
	Government Advocate.

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HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order

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26/02/2024

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This suspension of sentence application has been filed by the applicant along with the appeal.

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Counsel for the applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that during the trial, the applicant was on bail and the sentence of seven years has been awarded to the applicant under Section 307 of IPC and he is in judicial custody at Central Jail, Kota. Counsel further submits that the applicant has been falsely implicated in this matter and according to the injury report (Ex.P-17) the injuries caused by the applicant to Smt. Indra Bai is simple in nature. He further submits that Smt. Indra Bai (PW-3) in her statement recorded during trial has stated that the applicant has used ‘Gandasi’ to cause injury to her, however, according to the

[2024:RJ-JP:9655-DB]

[SOSA-85/2024]

(2 of 2)

statement of Dr. Om Prakash Malav (PW-11) the injury caused to Smt. Indra Bai is by blunt weapon. He further submits that hearing of appeal may take long time and prayed that sentence awarded to the applicant may be suspended and he be released on bail during the pendency of the appeal.

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Learned Additional Government Advocate opposed the suspension of sentence application. 4. We have heard counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the present case and also considering the statement of PW-11 & injury report (Ex.P-17) as well as the fact that the applicant was on bail during trial and the hearing of appeal may take long time, we deem it just and proper to allow this criminal miscellaneous suspension of sentence application.

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In that view of the matter, this criminal miscellaneous suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the applicant shall remain suspended during the pendency of the criminal appeal and the applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 19.04.2024 and thereafter as and when called upon to do so. 7. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance.

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(ASHUTOSH KUMAR),J

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(INDERJEET SINGH),J

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MG/41

Tochya @ Suraj Son of Hiralal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Tochya @ Suraj Son of Hiralal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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