Dismissed

Mohan Singh @ Monu v. State of Rajasthan through Pp

Rajasthan HC5 Sept 2018SOSA/110/2018

Case brief

AI extract

What is this about?

In this criminal appeal, the appellant sought suspension of sentence alleging false implication. The High Court found a prima facie case against the appellant, refused to comment on arguments to avoid prejudice, and dismissed the application, directing the filing of a paper book for final hearing.

What did the court decide?

The application for suspension of sentence is dismissed; the appellant is directed to file the paper book for final hearing.

Mohan Singh @ Monu Vs State of Rajasthan through… — Criminal Trial and Appeal | Rajasthan HC (2018)

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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.110/2018.

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D.B. Criminal Appeal No. 41/2018

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Mohan Singh @ Monu S/o Rameshwar B/c Jat, R/o Karamgarh, Police Station Narwana, Distt. Jind Hariyana At Present In Central Jail, Jaipur

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----Appellant

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Versus

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State Of Rajasthan Through P.P.

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----Respondent

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For Appellant(s) : Mr. Lakhan Singh Tomar. For Respondent(s) : Ms. Sonia Shandilya, P. P.

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HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI

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Order

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05/09/2018

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Heard on the application for suspension of sentence.

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Learned counsel submits that the applicant has been falsely implicated for the offence under Section 302 IPC. The false implication is proved by the contradiction in the evidence to connect the applicant with the crime. In view of the above and as the applicant is behind the bars for last many years, his sentence may be suspended.

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Learned Public Prosecutor has opposed the application for suspension of sentence and submits that the evidence was produced by the prosecution to connect the applicant with the crime and it is beyond doubt thus the case for suspension of

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(2 of 2)

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[CRLAD-41/2018]

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sentence is not made out. In fact during the period of trial the applicant was behind the bars thus the application for suspension of sentence may be dismissed.

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We have considered rival submissions of learned counsel for the parties.

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We find a prima facie case against the applicant for the commission of offence under Section 302 IPC, however, at this stage we do not want to make any comment on the arguments of either of the parties which may affect or cause prejudice to the final hearing of the appeal. While dismissing the application for suspension of sentence, we direct learned counsel for the applicant to prepare and file the paper book at the earliest and immediately after filing the paper book, the appeal be listed for final hearing.

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Accordingly, the application for suspension of sentence is dismissed.

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(DINESH CHANDRA SOMANI),J

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(M.N.BHANDARI),J

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A.Arora/-11.

Mohan Singh @ Monu v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Mohan Singh @ Monu v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

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