Allowed

Chandrabhan Singh Son of Pooran Singh v. State of Rajasthan

Rajasthan HC8 Jan 2024SOSR/11/2024

Case brief

AI extract

What is this about?

This order allows an application for suspension of sentence under Section 389 Cr.P.C. The Court suspended the convicted petitioner's bail pending the final disposal of his revision petition, noting that partial recovery of the embezzled amount had been made.

What did the court decide?

Sentence suspended till disposal of revision; petitioner released on personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Chandrabhan Singh Son of Pooran Singh Vs… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:1072]

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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.11/2024

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S.B. Criminal Revision Petition No. 19/2024

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Chandrabhan Singh Son Of Pooran Singh, Resident Of Near Adarsh Vidya Mandir Bandikui, Tehsil Baswa, District Dausa (At Present In Central Jail Dausa)

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Petitioner(s)	: Mr.	Vijayant Nirwan, Adv.
For Respondent(s)	: Mr.	Yeshwant Kankhadia, PP.

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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08/01/2024

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The present application for suspension of sentence has been filed by the accused-applicant under Section 389 Cr.P.C read with Section 397 Cr.P.C.

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Learned counsel for the petitioner submits that the petitioner has been wrongly convicted and sentenced under Section 409 IPC. He further submits that the learned trial court as well as the learned Appellate Court have not appreciated the evidence in proper manner and the money was entrusted to the Principal of the School.

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Learned counsel for the petitioner further submits that vide letter dated 14.06.2022, in compliance to Audit Para, Rs.59,989/out of total amount of Rs.1,31,756/-, was recovered from the

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[2024:RJ-JP:1072]

[SOSA-11/2024]

present petitioner and Rs.18,000/- was recovered from Ramesh Chandra Awasthi, the then Principal of the School and the amount of Rs.77,989/- is to be recovered from the other Principal Shri Anant Mohan Kasliwal.

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Learned counsel for the petitioner also submits that the decision of the revision petition may take considerable time, therefore, he prays that the present suspension of sentence application may be allowed. 5. Learned Public Prosecutor vehemently opposes the suspension of sentence application. 6. Heard learned counsel for the parties and perused the material available on record. 7. Considering the fact that the embezzlement amount has already been recovered from the present petitioner by the concerned Authority and decision of the revision petition will take considerable time, I deem it just and proper to suspend the sentence awarded to the accused petitioner.

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Accordingly, this application of Suspension of Sentence filed under Section 389 Cr.P.C. read with Section 397 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Chief Judicial Magistrate, Bandikui, District Dausa in Criminal Original Case No.308/2003 vide judgment dated 27.10.2015 as affirmed by the learned Additional District Judge No.2, Bandikui, District Dausa vide judgment dated 21.12.2023 in Criminal Appeal No.87/2015, against the petitioner Chandrabhan Singh Son Of Pooran Singh , shall remain suspended till final disposal of the aforesaid revision and he shall be released on bail, provided he executes a personal bond in the sum of Rs.50,000/-

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with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance in this Court on 08.02.2024 and whenever ordered to do so, till the disposal of the revision on the conditions indicated below:-

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That he will appear before the trial Court in the month of January of every year till the revision is decided.

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That if the applicant(s) change(s) the place of residence, he will give in writing his changed address 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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The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedapplicant was 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 applicant does 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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(PRAVEER BHATNAGAR),J

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Ramesh Vaishnav /86

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Chandrabhan Singh Son of Pooran Singh v. State of Rajasthan

Case brief

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Chandrabhan Singh Son of Pooran Singh v. State of Rajasthan

Case brief

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