Allowed

Lakhanlal S/O Bharosi v. State of Rajashtan

Rajasthan HC6 Feb 2025SOSA/2356/2024

Case brief

AI extract

What is this about?

The High Court allowed the suspension of sentence application filed by the accused-appellants. The Court held it just and proper to suspend the sentence and admit them to bail during the pendency of the criminal appeal, noting arguments about false implication and the specific role of a co-accused.

What did the court decide?

Execution of sentence awarded to the accused-appellants is suspended during the pendency of the criminal appeal, and they are admitted to bail.

Lakhanlal S/O Bharosi Vs State of Rajashtan — Bail and Remand | Rajasthan HC (2025)

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[2025:RJ-JP:5418-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 No.

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2356/2024

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D.B. Criminal Appeal No.467/2024

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Lakhanlal S/o Bharosi, Aged About 42 Years, R/o Dendan Police Station Mehandipur Balaji District Dausa Rajasthan (At Present Accused Confined In District Jail Dausa)

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Shriphool S/o Bharosi, Aged About 36 Years, R/o Dendan Police Station Mehandipur Balaji District Dausa Rajasthan (At Present Accused Confined In District Jail Dausa)

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----Petitioners

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Versus

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State Of Rajashtan, Through Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. Kapil Gupta with Mr. Dharmendra Kumar Mr. Ankit Kumar

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For Respondent(s) : Mr. Vivek Sharma, Addl.G.A. Mr. Aman Kumar, AAAG

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HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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06/02/2025

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This suspension of sentence application has been filed by the accused-applicant along with the appeal.

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Learned counsel appearing on behalf of the accusedapplicants submits that the accused-applicants have been convicted for the offences under Sections 341, 325, 323, 302 read with Section 34 of Indian Penal Code, 1860.

[2025:RJ-JP:5418-DB]

[SOSA-2356/2024]

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Learned counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the accused-applicants were on bail during trial and at present, they are confined in District Jail, Dausa. He further submits that the accused-applicants have been falsely implicated in this matter. He further submits that the head injury on the person of deceased has been caused by co-accused Pitram. He further submits that the appeal is not likely to be heard in near future and prayed that sentence awarded to the accusedapplicants may be suspended and they be released on bail during the pendency of the appeal.

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Learned Additional Government Advocate has opposed the application for suspension of sentence.

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We have heard learned counsel for the parties and perused the record.

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Considering the arguments advanced by the learned counsel for the parties and taking into account the facts and circumstances of the present case and also considering the facts that the head injury on the person of deceased has been caused by co-accused Pitram and the accused-applicants were on bail during trial, without expressing any opinion on merits of the case, we deem it just and proper to allow this criminal miscellaneous suspension of sentence application.

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In that view of the matter, this criminal miscellaneous suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the accused-applicants shall remain suspended during the pendency of the criminal appeal and the accused-applicants be admitted to bail subject to satisfaction

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[2025:RJ-JP:5418-DB]

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[SOSA-2356/2024]

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of the trial Court with the stipulation that they shall appear before this Court on 24.03.2025 and thereafter as and when called upon to do so.

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Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance.

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(BHUWAN GOYAL),J

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(INDERJEET SINGH),J

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Upendra Pratap Singh /38

Lakhanlal S/O Bharosi v. State of Rajashtan

Case brief

What is this about?

What did the court decide?

Lakhanlal S/O Bharosi v. State of Rajashtan

Case brief

What is this about?

What did the court decide?

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