Allowed

Kuldeep Singh Son of Shri Bhanwar Singh v. State of Rajasthan

Rajasthan HC16 Jan 2025SOSA/85/2025

Case brief

AI extract

What is this about?

Single Judge Order allowing suspension of sentence for two accused-appellants pending appeal under Section 430 BNS 2023, directing them to furnish bond and surety with conditions for appearance and conduct.

What did the court decide?

Sentence suspended; bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each required; appearance before Registrar and trial Court mandated.

Kuldeep Singh Son of Shri Bhanwar Singh Vs State of… — Service and Employment | Rajasthan HC (2025)

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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 (Appeal) No. 85/2025

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S.B. Criminal Appeal No.95/2025

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Kuldeep Singh Son Of Shri Bhanwar Singh, Aged About 23 Years, Resident Of Village Nangla Muhna, Bisalpur, Police Station Kagarol District Agra Uttar Pradesh

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Tajendra @ Teju Son Of Shri Amar Singh Chahar, Aged About 22 Years, Resident Of Village Beri Chahar Tehsil Kheragarh, Police Station Karagol District Agra Uttar Pradesh

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----Petitioners

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Versus

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State Of Rajasthan, through PP

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----Respondent

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For Petitioner(s) : Mr. Avi Sharma for Mr. Rajeev Sharma For Respondent(s) : Mr. Vijay Singh Yadav, Public Prosecutor

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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16/01/2025

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Learned Public Prosecutor submits that he has already intimated the complainant/victim about filing and hearing of the appeal as well as application for suspension of sentence through SHO Police Station concerned.

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The accused-applicants/appellants have preferred the this present application for suspension of sentence under Section 430 of the B.N.S.S., 2023.

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(2 of 3) [SOSA-85/2025]

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As per the certificate filed under Section 311(3) of the Rajasthan High Court Rules, the accused-appellants were on bail during trial and they did not misuse the liberty of bail granted to them.

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Learned counsel for the accused-applicants submits that the sentence awarded to the accused-applicants/appellants have already been suspended for a period of 30 days by the learned trial Court under the Provisions of Section 430 of the B.N.S.S.

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Learned Public Prosecutor opposed the application for suspension of sentence.

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Considered the submissions made at bar and also perused the impugned judgement and order of conviction and sentence passed by the learned trial Court.

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Taking into consideration the totality of the facts and circumstances of the case and also the findings given by the learned trial Court, this Court feels that it is a fit case to suspend the sentence awarded to the accused-applicants/appellants.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to the accused-appellants, namely, (1) Kuldeep Singh S/o Shri Bhanwar Singh and (2) Tejendra @ Taju S/o Shri Amar Singh Chahar shall remain suspended provided they furnishes a personal bond in the sum of Rs.1,00,000/- together with two sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial Court to the effect that they shall appear before the Registrar (Judl.) on 17.02.2025 and further on subsequent date(s)

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(3 of 3)

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[SOSA-85/2025]

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as and when called upon to do so till the disposal of the appeal on

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the conditions as follows:-

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i) After release of the accused appellants, they shall not indulge in any criminal activity and if it is found that they are involved in any criminal activity, the order shall be recalled. ii) They will appear before the trial Court in the month of December of every year till the appeal is decided. iii) If the appellants change the place of residence, they will give in writing their changed address to the trial Court as well as the counsel in the High Court. iv). Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

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A copy of this order be sent to learned trial Court through e-

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mail.

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(GANESH RAM MEENA),J

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Ashish Kumar/90

Kuldeep Singh Son of Shri Bhanwar Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kuldeep Singh Son of Shri Bhanwar Singh v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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