Allowed

Ganesh Nayak S/O Shri Madan Nayak v. State of Rajasthan

Rajasthan HC11 Jan 2024SOSR/37/2024

Case brief

AI extract

What is this about?

The High Court allowed the second application for suspension of sentence under Section 389 Cr.P.C. The petitioner was released on bail with a bond requiring appearance before the trial court and compliance with specific conditions until the revision is disposed of.

What did the court decide?

Sentence suspended; petitioner released on bail with personal bond and conditions for appearance until disposal of revision.

Ganesh Nayak S/O Shri Madan Nayak Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. 2^nd SOS Application No.37/2024

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S.B. Criminal Revision Petition No. 509/2022

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Ganesh Nayak S/o Shri Madan Nayak, Aged About 26 Years, R/o Village Kustala, Police Station Mantown, District Sawai Madhopur Rajasthan

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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. Vinod Kumar Sharma For Respondent(s) : Mr. Suresh Kumar, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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11/01/2024

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Petitioner has preferred this second application u/s 389 Cr.P.C. for suspending the sentence of the accused-petitioner.

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Learned counsel for the accused-petitioner submits that the accused-petitioner has filed the suspension of sentence application and same has been allowed by this court on 25.4.2022 and accused-petitioner was directed to appear before the Registrar (Judicial) on 26.5.2022 to mark his presence but present accusedpetitioner could not appear before the Registrar (Judicial) on the said date. On 7.10.2023, the Court has recalled and withdraw the order of suspension of sentence. The accused-petitioner is in judicial custody since 28.11.2023. Therefore, second suspension of sentence application may be allowed.

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(2 of 3) [SOSR-37/2024]

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Learned Public Prosecutor vehemently opposes the second suspension of sentence application.

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Heard learned counsel for the parties on the application seeking second Suspension of Sentence.

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Accordingly, this second application of Suspension of Sentence is allowed and it is ordered that the sentences passed by the learned Additional Civil Judge and Metropolitan Magistrate No.17, Jaipur Metropolitan, Jaipur Sanganer in Regular Criminal Case No.971/2019 vide judgment dt.23.11.2020 as affirmed by learned Additional District and Sessions Judge No.10, Sanganer, Jaipur Metropolitan-I in Criminal Appeal No.40/2020 against the petitioner- Ganesh Nayak S/o Shri Madan Nayak 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 11.2.2024 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 petitioner 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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Similarly, if the sureties change their address, 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-petitioner in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedpetitioner was tried and convicted. A copy of this order shall also

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[SOSR-37/2024]

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(3 of 3)

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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-petitioner 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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Brijesh 112.

Ganesh Nayak S/O Shri Madan Nayak v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ganesh Nayak S/O Shri Madan Nayak 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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Statutes considered

Parties & counsel

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