Allowed

Nirbhay Singh S/O Bhoop Singh v. Vasudev Rawat S/O Late Shri Birbal

Rajasthan HC16 Jan 2025SOSR/602/2024

Case brief

AI extract

What is this about?

Accused convicted under a PCPNDT Act case sought suspension of sentence upheld on appeal, having been on bail throughout and having deposited 20% of the awarded amount. The High Court allowed suspension subject to a personal bond with two sureties and conditions including depositing the balance fine within four weeks.

What did the court decide?

Sentence suspended on furnishing personal bond of Rs.1,00,000 with two sureties of Rs.50,000 each, subject to conditions including deposit of balance fine within four weeks.

Nirbhay Singh S/O Bhoop Singh Vs Vasudev Rawat S/O Late… — Bail and Remand | 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 No.602/2024

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S.B. Criminal Revision Petition No. 2170/2024

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Nirbhay Singh S/o Bhoop Singh, R/o Villaged Luhara, Tehsil And District Mathura (U.P.) (At Present Confined In Central Jail Sever District Bharatpur)

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----Petitioner

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Versus

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Vasudev Rawat S/o Late Shri Birbal, R/o Village Dhanagadh, Tehsil And District Bharatpur (Raj).

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----Respondent

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For Petitioner(s) : Mr. Raj Kumar Goyal

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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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This application for suspension of sentence has been filed by the accused-applicant/petitioner in connection with his conviction and sentence made vide judgment dated 24.11.2022 passed by the Court of Special Additional Chief Judicial Magistrate (PCPNDT Act Cases), Bharatpur in Regular Criminal Case No.51/2019 (CIS No.1856/2018) which has been upheld vide judgment dated 22.10.2024 passed by the Court of learned Additional Sessions Judge (Woman Atrocities Cases), Bharatpur in Criminal Appeal No.32/2024.

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Learned counsel for the petitioner submits that the accusedpetitioner was on bail during trial as well as during pendency of the appeal and he did not misuse the liberty of bail in any manner.

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(2 of 3) [SOSR-602/2024]

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He further submits that the order of conviction and sentence suffers from illegality and perversity. He also submits that the accused-petitioner has deposited 20% of the total amount as awarded by the learned trial Court to be paid to the complainant and now he is ready to deposit the balance amount.

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Considered the submissions made by learned counsel for the petitioner as well as learned Public Prosecutor and also perused the record.

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Having regard to the submissions made by counsel for the petitioner and considered the findings and observations of the learned Courts below in the light of evidence available on record, this Court feels that it is a fit case to suspend the sentence awarded to the accused-applicant/petitioner.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to the accused-petitioner, namely, Nirbhay Singh S/o Bhoop Singh shall remain suspended provided he 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 he shall appear before the Registrar (Judl.) on 17.02.2025 and further on subsequent date(s) as and when called upon to do so till the disposal of the appeal on the conditions as follows:-

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i) After release of the accused appellant, he shall not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. ii) He will appear before the trial Court in the month of December every year till the appeal is decided.

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[SOSR-602/2024]

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(3 of 3)

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iii) If the appellant 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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iv). Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

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v) He shall deposit the balance amount of fine as undertaken by him within a period of four weeks from today and in case, he fails to deposit the balance amount, the order of suspension of sentence shall automatically stands revoked.

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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 /21

Nirbhay Singh S/O Bhoop Singh v. Vasudev Rawat S/O Late Shri Birbal

Case brief

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Nirbhay Singh S/O Bhoop Singh v. Vasudev Rawat S/O Late Shri Birbal

Case brief

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What did the court decide?

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