Allowed

Udal Prasad S/O Nathi Lal v. State of Rajasthan

Rajasthan HC8 Jan 2025SOSA/1792/2024

Case brief

AI extract

What is this about?

Suspension-of-sentence applications by five convicted applicants in Sessions Case No.04/2021 arising from a death where injuries were on non-vital parts; two juvenile co-accused were acquitted. Considering bail during trial, custody over one-and-a-half years and likely delay in appeal disposal, sentence suspended on furnishing bonds.

What did the court decide?

Sentence suspended on furnishing personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to Trial Court's satisfaction.

Udal Prasad S/O Nathi Lal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

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[2025:RJ-JP:1074-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 1978/2024

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D.B. Criminal Appeal No.365/2024

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Mukut Bihari @ Bihari Son Oof Ganeshi, R/o Baroli Police Station Bhusawar, District Bharatpur (Raj.). (At Present Confined In Central Jail, Bharatpur).

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----Applicant

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Versus

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State of Rajasthan, Through P.P.

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----Respondent

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Connected With

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D.B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 1674/2024

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D.B. Criminal Appeal No.310/2024

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Yogesh S/o Rambharoshi, Aged About 30 Years, R/o Village Baroli P.S. Bhusawar, Dist. Bharatpur (Raj). (Presently Confined In Central Jail, Sevar Bharatpur).

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----Applicant

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Versus

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State of Rajasthan, Through P.P.

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----Respondent

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D.B. Criminal Misc. Suspension Of Sentence Application (Appeal)

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No. 1791/2024

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D.B. Criminal Appeal No.343/2024

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Govind Prasad S/o Parsoliram, R/o Baroli P.S. Bhusawar, District Bharatpur (Raj). (Presently Confined In Central Jail, Sevar Bharatpur).

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----Applicant

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Versus

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State of Rajasthan, Through P.P.

----Respondent

(2 of 4)

[2025:RJ-JP:1074-DB]

[SOSA-1978/2024]

D.B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 1792/2024

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D.B. Criminal Appeal No.344/2024

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Udal Prasad S/o Nathi Lal, Aged About 30 Years, Resident of Village Baroli P.S. Bhusawar, Dist. Bharatpur (Rajasthan). (Presently Confined In Central Jail, Sevar Bharatpur).

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Atar Singh S/o Natthi Lal, Resident of Village Baroli P.S. Bhusawar, Dist Bharatpur (Rajasthan). (Presently Confined In Central Jail, Sevar Bharatpur).

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----Applicants

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Versus

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State of Rajasthan, Through P.P.

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----Respondent

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D.B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 1793/2024

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D.B. Criminal Appeal No.345/2024

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Rajpal Son Of Ganeshi, Aged About 30 Years, Resident of Baroli P.S. Bhusawar, District Bharatpur. (At Present Lodged In The Central Jail, Bharatpur).

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----Applicant

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Versus

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State of Rajasthan through the Public Prosecutor

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----Respondent

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For Applicant(s)	:	Mr. N.K. Tiwari Mr. Vinod Kumar Sharma Mr. Bhagat Singh Sharma on behalf of Mr. Neeraj Joshi Mr. Anupam Sharma Mr. Ashvin Garg
For State	:	Mr. Amit Punia, Addl. G.A. with Mr. Vivek Sharma, Addl. G.A.
For	:	None Present
Complainant/Victim

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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HON'BLE MRS. JUSTICE SHUBHA MEHTA

[2025:RJ-JP:1074-DB]

[SOSA-1978/2024]

(3 of 4)

Order

08/01/2025

Accused-applicants have preferred these applications for suspension of sentence.

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Heard on applications for suspension of sentence.

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It is informed by learned Addl. G.A. that complainant/victim has been intimated about filing of these applications for suspension of sentence. Despite intimation, no one has put in appearance on behalf of the complainant/victim. Report in this regard has also been submitted and the same is taken on record.

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It is contended by counsel appearing for the accusedapplicants that applicants have remained in custody for a period of more than one and a half years. They were on bail during trial. None of the injuries sustained by the deceased is on vital part of the body, except one simple injury on the head. It is also contended that the deceased died due excessive bleeding from the fractures caused on the hand and legs. It is further contended that eight persons were named in the parcha bayan, two were juvenile who were tried by the Juvenile Court and have been acquitted by the Court. It is contended that disposal of appeal will take time.

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Counsel appearing for the applicants have placed reliance on “ Molu & Ors. vs. State of Haryana ” ( AIR 1976 Supreme Court 2499 ), wherein there were injuries caused on non vital part of the body and Court converted the conviction from Section 302 I.P.C. to Section 304, Part II of the I.P.C.

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Learned Additional Government Advocate has opposed these present applications for suspension of sentence. It is contended

(4 of 4)

[2025:RJ-JP:1074-DB]

[SOSA-1978/2024]

that deceased died due to excessive bleeding which took place from the injuries caused by the applicants.

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We have considered the contentions.

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Considering the arguments advanced by counsel for the applicants; also taking note of the fact that applicants were on bail during trial and disposal of appeal will take time; deceased has not sustained any injury on vital part of the body, except one simple injury on the head; applicants have remained in custody for a period of more than one and a half years; two of the accused, who were tried by the Juvenile Court, have been acquitted, we deem it proper to allow these applications for suspension of sentence.

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Accordingly, these applications for suspension of sentence are allowed. It is ordered that the sentence awarded to accused applicants in Sessions Case No.04/2021(12/19)(27/11)(13/09) (C.I.S. No.05/2021) shall remain suspended if the accusedapplicants furnish a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Court to the effect that they shall appear before this Court as and when called upon to do so.

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A copy of this order be placed in each connected files.

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(SHUBHA MEHTA),J

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(PANKAJ BHANDARI),J

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AMIT/75-79

Udal Prasad S/O Nathi Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Udal Prasad S/O Nathi Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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