Allowed

Mukesh S/O Rameshwar B/C Koli v. State of Rajasthan

Rajasthan HC12 Sept 2018SOSA/856/2018

Case brief

AI extract

What is this about?

This D.B. Criminal Misc. Application sought suspension of sentence pending appeal in a murder case. The High Court accepted the application, ordering the sentence to remain suspended and releasing the appellant on bail with a personal bond of Rs.50,000/- to appear in court when called.

What did the court decide?

Sentence suspended pending appeal; accused released on bail on personal bond of Rs.50,000/- with one surety.

Mukesh S/O Rameshwar B/C Koli Vs State of… — Murder and Culpable Homicide | 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.856/2018

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D.B. Criminal Appeal No. 122/2018

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Mukesh S/o Rameshwar B/c Koli, R/o Nayapura, Bhamtipura, Dholpur, District Dholpur, Raj. Accused Is In Dholpur Jail.

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----Appellant

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Versus

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State Of Rajasthan Through Pp.

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----Respondent

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For Appellant(s) : Mr.MK Kaushik For Respondent(s) : Mr.Alladeen Khan, Public Prosecutor Mr.Yogesh Singhal

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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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12/09/2018

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

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Learned counsel submits that other than evidence of last seen, no connecting evidence exists so as to connect the accused-appellant with the crime for the offence under Sections 302 IPC. The conviction is based on the statement of PW – 2 Santosh, who is shown to be an eye witness, though, his presence at the time of occurrence is doubtful. It is in view of the statement of PW – 1 Rakesh and the FIR. The presence of Santosh was not

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(2 of 3)

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[SOSA-856/2018]

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shown at the time of occurrence, rather, as per the statement of PW – 1 Rakesh, Santosh and his father came at the spot after he reached there. No recovery has been effected from the accusedappellant. In view of the above, sentence of the accused-appellant may be suspended.

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Learned Public Prosecutor and learned counsel for the complainant have opposed the application for suspension of sentence. It is submitted that Santosh is an eye witness and named the accused-appellant for causing the offence. PW – 1 Rakesh has given evidence of last seen and chain of evidence was produced to connect the accused-appellant with the crime. In view of the above, the application for suspension of sentence may not be accepted.

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

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The FIR gives description of incident where accusedappellant is said to be last seen with deceased. It is alleged that no evidence was produced to make a chain of evidence. At this stage, we would not like to make further comment because it may cause prejudice to either of the parties while arguing the appeal finally but finding reasons, we accept the application for suspension of sentence.

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Accordingly, it is ordered that sentence awarded to accused-appellant namely Mukesh S/o Shri Rameshwar by learned Session Judge, Dholpur in Sessions Case No.136/2014 shall remain suspended during pendency of the appeal and he be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one surety in the like

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(3 of 3) [SOSA-856/2018]

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amount to the satisfaction of the learned trial court with the stipulation that he shall appear before this Court on 12^th October, 2018 and whenever called upon to do so.

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(DINESH CHANDRA SOMANI),J (M.N.BHANDARI),J

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Preeti/6

Mukesh S/O Rameshwar B/C Koli v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mukesh S/O Rameshwar B/C Koli v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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