Dismissed

Ramavtar v. State of Rajasthan through Pp

Rajasthan HC7 Sept 2018SOSA/431/2018

Case brief

AI extract

What is this about?

The Division Bench dismissed the application for suspension of sentence pending the hearing of a criminal appeal. The Court held that the arguments raised by the accused regarding the sufficiency of circumstantial evidence did not justify granting bail or suspension. Given the accused was not on bail during the trial and the arguments by the Public Prosecutor, no case was made out for suspension.

What did the court decide?

Application for suspension of sentence dismissed.

Ramavtar Vs State of Rajasthan through Pp — 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. Application for Suspension of Sentence No.431/2018

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D.B. Criminal Appeal No. 133/2018

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Ramavtar S/o Panna @ Kalyan B/c Bairwa, R/o Village Jivad Kheda, Police Station Sadar Gangapur City, Presently Raghuwanti, Police Station Malarna Dugar, Distt. Sawai Madhopur Raj. Presently Confined In Central Jail, Bharatpur.

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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.Dheeraj Singhal For Respondent(s) : Mr.Pankaj Sisodia, Public Prosecutor

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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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07/09/2018

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Heard learned counsel for the accused-appellant and learned Public Prosecutor on the application for suspension of sentence.

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It is stated that based on circumstantial evidence, not sufficient to make a chain of evidence, accused-appellant has been convicted. He has been implicated at the instance of police. The accused-appellant was arrested in regard to other crime and therein he said to have disclosed the incidence relating to a lady, said to have been killed by him for silver ornaments. The case was registered by over implication. The knife was recovered from an open

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(2 of 2)

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[SOSA-431/2018]

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place and otherwise, identification of silver ornaments cannot be believed, as it was shown to the complainant party before identification. Thus, sentence of the accused-appellant may be suspended.

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Learned Public Prosecutor has opposed the application for suspension of sentence. It is submitted that a missing report of deceased was lodged. She was not found anywhere for more than two months. It is on the disclosure of accused-appellant, the skeleton of lady was recovered from a “Jangal”. It was on the disclosure of crime by him. Accordingly, recovery of knife was also made at his instance. The silver ornaments were also recovered from accused-appellant. In view of the above, sufficient evidence was led to connect accused-appellant with the crime. In fact, strongest evidence is of disclosure of the place where skeleton was lying. The skeleton was not seen by anyone prior to the aforesaid and it was of the lady, who was missing for more than two and a half months.

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After hearing learned counsel for the parties, we find that a case is not made out for suspension of sentence. Any comment on the arguments of either of the parties may affect final hearing of the appeal, however, taking into consideration the arguments of learned Public Prosecutor and as the accused-appellant was not on bail during trial, we do not find a case for suspension of sentence.

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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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Preeti/13

Ramavtar v. State of Rajasthan through Pp

Case brief

What is this about?

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Ramavtar v. State of Rajasthan through Pp

Case brief

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