Saturday, August 3, 2013

even IF lower court sentences HC grant suspension of sentence; it will take ages for revision to be argued in HC & finally matter proven ; a story of how How lives are wasted .... !! short + simple order fro Rajasthan HC

even IF lower court sentences HC grant suspension of sentence; it will take ages for revision to be argued in HC & finally matter proven ; a story of how How lives are wasted .... !! short + simple order fro Rajasthan HC 


* I am NOT expressing any opinion on who is right / wrong etc., but just stating how the slow system is wasting people's lives !!!



Learning
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* marriage must have been prior to 2006 , 2007
* the JM court case is numberd as ___ / 2007 , meanign by then police cacse, numerous panchayats IF any, charge sheet, etc are over !!
* now the matter has moved thru JM court and then session's court
* both lower courts have convicted the husband and co u/s 498a 
* husband and co say they are innocent !!
* they seem to have filed revision petition before honourable HC
* HC itselff says the revision will take time, so husband and co seek suspension of sentance and the same is granted

* just 8 years or so wasted !!!




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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM INDIAN KANOON SITE 
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Cites 3 docs
The Indian Penal Code, 1860
The Code Of Criminal Procedure, 1973
Section 397 in The Indian Penal Code, 1860

  Rajasthan High Court

Mr. Ram Rakh Sharma, For The ... vs Mr. Laxman Meena, Public ... on 17 April, 2013

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

ORDER

S.B. CRL. MISC. SUSPENSION OF SENTENCE APPLICATION NO. 84/2013

IN

S.B. CRI. MISC. REVISION PETITION NO. 275/2013

SHYAM LAL & OTHERS VS. STATE OF RAJASTHAN

DATE OF ORDER : 17.04.2013

HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-II

Mr. Ram Rakh Sharma, for the accused-petitioners.

Mr. Laxman Meena, Public Prosecutor, for the respondent-State.

BY THE COURT:

Heard learned counsel for the petitioners as well as learned Public Prosecutor on the application under Section 397 read with Section 401 Cr.P.C. filed on behalf of the accused-petitioners, Shyam Lal, Rameshwar Prasad and Smt. Gokul Devi for suspension of sentence imposed upon them vide judgment dated 11.08.2011 passed by Additional Chief Judicial Magistrate No. 2, Jaipur District, Jaipur in Criminal Case No. 411/2007, whereby learned trial court, while acquitting the accused-petitioners under Section 406 IPC, has convicted and sentenced the accused-petitioner under Section 498A IPC to undergo one year's simple imprisonment and fine of Rs. 1,000/- each, in default of payment of fine to further undergo 15 days additional imprisonment. Learned First Appellate Court, i.e. Sessions Judge, Jaipur District, Jaipur vide judgment dated 04.04.2013 in Criminal Appeal No. 94/2011 dismissed the appeal filed by the accused-petitioners and maintained the judgment passed by the trial court. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case. No alleged prima facie case is made out against the petitioners. The decision of this revision petition is likely to take time. Therefore, the sentence imposed upon the accused-petitioners may be suspended during pendency of this revision petition. Learned Public Prosecutor opposed the application for suspension of sentence of the accused-petitioners.

Having considered the facts and circumstances of the case and also the impugned judgments passed by both the courts below, but without expressing any opinion on the merits of the case, I am inclined to suspend the sentence awarded to the accused-petitioners. Accordingly, the application for suspension of sentence filed under Section 397 read with Section 401 Cr.P.C. is allowed and it is ordered that the sentence awarded vide judgment dated 11.08.2011 passed by Additional Chief Judicial Magistrate No. 2, Jaipur District, Jaipur in Criminal Case No. 411/2007 and affirmed by Sessions Judge, Jaipur District, Jaipur vide judgment dated 04.04.2013 in Criminal Appeal No. 94/2011 against accused-petitioners namely (1) Shyam Lal s/o. Shri Rameshwar Prasad; (2) Rameshwar Prasad S/o. Shri Kaluram; and (3) Smt. Gokul Devi W/o. Shri Rameshwar Prasad shall remain suspended during pendency of present revision petition, provided each of them furnishes a personal bond in the sum of Rs. 40,000/-(Rupees Forty Thousand) with two sureties in the sum of Rs. 20,000/-(Rupees Twenty Thousand) each to the satisfaction of the learned trial court, for their appearance before this Court on 28.05.2013 and as and when they are called upon to do so. The accused-petitioners shall also incorporate in their personal bonds that as and when they shift from their place of residence, they shall intimate new address of their residence to this Court as well as to their counsel also. (NARENDRA KUMAR JAIN-II),J.

Manoj,

S.No. 61.

All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.

MANOJ NARWANI

JUNIOR PERSONAL ASSISTANT.

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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist