Allowed

Mahesh Kumar Saini Son of Rambabu, v. State of Rajasthan

Rajasthan HC8 Jan 2024SOSR/12/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a suspension of sentence application. The petitioner, in custody since December 2023, sought suspension due to the likely delay in the revision petition's disposal. The Court suspended the sentence and released the petitioner on bail conditioned upon appearance and address disclosure.

What did the court decide?

Sentence suspended; petitioner released on bail upon execution of personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Mahesh Kumar Saini Son of Rambabu, Vs State of… — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JP:1062]

[SOSA-12/2024]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Suspension of Sentence Application

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No.12/2024

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S.B. Criminal Revision Petition No. 20/2024

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Mahesh Kumar Saini Son Of Rambabu, Resident Of- 317 Sataraha Walo Ki Dhani, Ambapura, Police Thana Malpura, Tonk Malpura, Tonk, Rajasthan, At Present Resident Devi Nagar, Police Thana Shyam Nagar, District Jaipur (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Govt. Advocate.

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----Respondent

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For Petitioner(s) : Mr. J.R. Chaudhary, Adv. For Respondent(s) : Mr. Yeshwant Kankhadia, Public Prosecutor.

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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 397 Cr.P.C read with Section 401 Cr.P.C.

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Learned counsel for the petitioner submits that the petitioner is in custody since 21.12.2023. He further submits that the petitioner has been wrongly convicted and sentenced by the learned trial court as well as by the learned Appellate Court and decision of revision petition may take considerable time, therefore, he prays that the application for suspension of sentence may be allowed.

[2024:RJ-JP:1062]

[SOSA-12/2024]

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

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Heard learned counsel for the parties and perused the material available on record. 5. Considering the fact that the petitioner is in custody since 21.12.2023 and decision of the revision petition may 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 397 Cr.P.C. read with Section 401 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Chief Judicial Magistrate, No.1, Jaipur District, Jaipur in Criminal Case No.332/19 (927/2018) vide judgment dated 07.06.2022 as affirmed by the learned Additional Sessions Judge No.4, Jaipur District, Jaipur vide judgment dated 21.12.2023 in Criminal Appeal No.6/2022 (29/2022) against the petitioner Mahesh Kumar Saini Son Of Rambabu , 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/- 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) changes 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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[2024:RJ-JP:1062]

[SOSA-12/2024]

Similarly, if the sureties change his address(s), he 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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Mahesh Kumar Saini Son of Rambabu, v. State of Rajasthan

Case brief

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What did the court decide?

Mahesh Kumar Saini Son of Rambabu, v. State of Rajasthan

Case brief

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