Allowed

Pappu Khan Son of Pappal Khan, v. State of Rajasthan

Rajasthan HC29 Jan 2024SOSR/56/2024

Case brief

AI extract

What is this about?

The High Court allowed an application for suspension of sentence filed under Section 389 Cr.P.C. against convictions under Sections 279 and 304-A IPC. The sentence was suspended till the final disposal of the appeal, and the applicant was released on bail upon execution of a personal bond with sureties.

What did the court decide?

Sentence under Sections 279 and 304-A IPC suspended; applicant released on bail on execution of personal bond of Rs.50,000/- with two sureties.

Pappu Khan Son of Pappal Khan, Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:4753]

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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

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No.56/2024

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S.B. Criminal Revision Petition No. 133/2024

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Pappu Khan Son Of Pappal Khan, Aged About 40 Years, Resident Of Kankrali, Police Station Sadar, District Alwar (Rajasthan) (At Present Confined In District Jail, Alwar)

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----Applicant

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Versus

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State Of Rajasthan, Through Public Prosecutor

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		----Respondent
For Petitioner(s)	: Mr. Girish Khandelwal
For Respondent(s)	: Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order

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29/01/2024

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This Criminal Misc. Suspension Of Sentence Application is preferred against the judgment dated 12.01.2024 passed by the learned Additional District and Sessions Judge, No.1, Alwar in Sessions Criminal Case No.44/2015, whereby, the accusedapplicant Pappu Khan Son of Pappal Khan was convicted as under:-

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Offence under	Imprisonment	Fine	Sentence in
Section			default of fine
279 of IPC	1 month’s R.I.	Rs.500/-	5 days’
304-A of IPC	6 months’ S.I.	Rs.1500/-	10 days’

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Heard learned counsel for the accused-applicant and learned Public Prosecutor on the application for suspension of sentence.

[2024:RJ-JP:4753]

[CRLR-133/2024]

(2 of 3)

Upon a consideration of the arguments advanced on behalf of the accused-applicant and having regard to the facts and circumstances as available on the record, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-applicant during pendency of the appeal.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Additional District and Sessions Judge, No.1, Alwar vide judgment dated 12.01.2024 in Sessions Case No.44/2015 against the accused-applicant Pappu Khan Son of Pappal Khan, shall remain suspended till final disposal of the appeal 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 the learned trial Judge for his appearance in this court on 27.02.2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated

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below:-

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

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That if the applicant 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(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

[2024:RJ-JP:4753]

[CRLR-133/2024]

(3 of 3)

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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AARZOO ARORA /268

Pappu Khan Son of Pappal Khan, v. State of Rajasthan

Case brief

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Pappu Khan Son of Pappal Khan, v. State of Rajasthan

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