Partly allowed

Mukut Bihari and Ors. v. State of Rajasthan through Pp

Rajasthan HC6 Sept 2018SOSA/449/2018

Case brief

AI extract

What is this about?

The High Court suspended the sentences of six accused-appellants who were granted bail during trial, ordering their release on personal bond. It dismissed suspension applications for seven others not on bail, citing witness statements and weapon recovery.

What did the court decide?

Sentences of six accused-appellants on bail were suspended; they ordered to execute personal bonds of Rs. 50,000 each with one surety.

Mukut Bihari and Ors. Vs State of… — Pension and Retirement Benefits | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. CRIMINAL MISC. SUSPENSION OF SENTENCE APPLICATION

¶3

NO. 316/2018

¶4

¶5

S.B. CRIMINAL APPEAL NO. 515/2018

¶6

Mohan lal S/o Shri Devi Ram, By Caste Meena

¶7

Omprakash S/o Badri Lal, by Caste Meena

¶8

Radhakishan S/o Chitar Lal, By caste Meena

¶9

Badri Lal S/o Ghasi Lal, By Caste Meena

¶10

Shankar @ Harishankar S/o Nathu Lal, By Caste Meena

¶11

Nathu Lal S/o Devi Ram, By Caste Meena

¶12

All R/o Rampura Dholo Ka, P.S. Gandoli, District Bundi.

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(Appellants presently confined at central Jail Bundi)

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------Appellants/Accused

¶15

Versus

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State of Rajasthan through Public Prosecutor

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-------Respondent

¶18

Connected with

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S.B. CRIMINAL MISC. SUSPENSION OF SENTENCE APPLICATION NO. 449/2018

¶20

¶21

S.B. CRIMINAL APPEAL NO.708/2018

¶22

Mukut Bihari s/o Nathulal Meena

¶23

Mahavir S/o Mohanlal Meena

¶24

Shravan Lal S/o Chitarlal Meena

¶25

Hanuman S/o Chitarlal Meena

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All r/o Rampura Dholo Ka Thana Gendoli, District Bundi Rajasthan.

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(At present confined in District Jail Bundi)

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------Accused Appellants

¶29

Versus

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State of Rajasthan through PP

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-------Respondent

¶32

S.B. CRIMINAL MISC. SUSPENSION OF SENTENCE APPLICATION NO.450/2018

[SOS-316/2018]

(2 of 4)

S.B. CRIMINAL APPEAL NO. 709/2018

¶37

Bajrang Lal S/o Nathulal Meena

¶38

Budhi Prakash S/o Badrilal Meena

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Balkishan @ Bal Mukund S/o Badrilal Meena

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All r/o Rampura Dholo Ka Thana Gendoli, District Bundi Rajasthan.

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(At present confined in District Jail Bundi)

¶42

------Accused Appellants

¶43

Versus

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State of Rajasthan through PP

¶45

-------Respondent

¶46

For Appellant(s) : Mr. Amit Dadhich Mr. Rajendra Singh Tanwar For Respondent(s) : Mr. Aladeen Khan – PP Mr. Manosh Sharma with Mr.Abhishek Sharma – for complainant

¶47

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

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Order

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06/09/2018

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Heard on the applications for suspension of sentence.

¶51

Learned counsel for accused-appellants pray for suspension of sentence. It is stated that in the FIR (Exhibit-P4), names of only three accused have been given for causing blow to the deceased and those are Bajranglal, Buddhi Prakash and Bal Kishan. No allegations have been made against others for causing head injuries to the deceased, yet they have been convicted for offence under Section 304 Part-I IPC. A prayer is made to suspend the

¶52

[SOS-316/2018]

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(3 of 4)

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sentence of the accused-appellants as hearing of the appeals is likely to take time.

¶55

Learned Public Prosecutor and counsel for complainant have opposed the applications for suspension of sentence. It is submitted that eye-witnesses have named the accused. They have caused injuries to the deceased by sharp-edged weapon. The weapon has been recovered from the accused thus their sentences may not be suspended. It is more specifically for those who are not on bail.

¶56

We have considered the submissions made by learned counsel for the parties and perused the record.

¶57

The facts on record show that out of thirteen accused, seven were not granted bail during trial while granting it to six accused. Those six accused have maintained application separately bearing Nos.316/2018, whereas, seven accused, who were not granted bail, maintained separate applications for suspension of sentence bearing Nos.449/2018 and 450/2018.

¶58

Taking into consideration the facts in reference to the statements of eye-witnesses apart from recovery of weapon, we are not inclined to suspend the sentences of those accused, who were not on bail. Accordingly, applications for suspension of sentence bearing Nos.449/2018 and 450/2018 are dismissed .

¶59

So far as application for suspension of sentence bearing No.316/2018 is concerned, it is allowed . Accordingly, it is ordered that sentences awarded to the accused-appellants namely, (1) Mohan Lal S/o Shri Devi Ram, (2) Omprakash S/o Shri Badri Lal, (3) Radhakishan S/o Shri Chitar Lal, (4) Badri Lal S/o Shri Ghasi Lal, (4) Shankar @ Harishankar S/o Shri Nathu Lal & (6) Nathu Lal S/o Shri Devi Ram in Sessions

¶60

[SOS-316/2018]

¶61

(4 of 4)

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Case No.124/2016 shall remain suspended during pendency of appeal and they be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the learned trial court with the stipulation that they shall appear before this court on 08.10.2018 as and when called upon to do so.

¶63

Learned counsel for accused-appellants are directed to prepare the paper book and submit it in the registry so that matters may be listed for hearing.

¶64

A copy of this order be placed in each connected file.

¶65

(DINESH CHANDRA SOMANI),J

¶66

(M.N.BHANDARI),J

¶67

FRBOHRA

Mukut Bihari and Ors. v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Mukut Bihari and Ors. v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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