The High Court suspended the sentence of the appellant, Mahesh Kumar, during the pendency of his criminal appeal. Bail was granted subject to the trial court's satisfaction.
Application allowed; sentence suspended during appeal; bail admitted subject to trial court satisfaction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Misc. Application for Suspension of Sentence No.204/2019
In
D.B. Criminal Appeal (Db) No. 48/2019
Mahesh Kumar S/o Manniram, B/c Nai, aged 39 years, R/o Bamanpura, Police Station Kathumar, District Alwar (Raj.). At present R/o Railway Line, Opposite F.C.I. Godown, Jyoti Nagar, Police Station N.E.B. Alwar (Raj.) (At present in Central Jail, Alwar)
----Applicant/Appellant
Versus
State Of Rajasthan Through PP.
----Respondent
| For Applicant/Appellant(s) | : | Mr. Yogesh Singhal Adv. |
|---|---|---|
| For Respondent(s) | : | Ms. Rekha Madnani, P.P. |
| For Complainant | : | Mr. Manish Kumar Sharma Adv. |
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
17/07/2019
Learned counsel for the applicant/appellant has submitted that the applicant/appellant was on bail during trial and is not involved in any other criminal case. As per the prosecution story, during investigation, co-accused Bharat Singh suffered disclosure statement that he has been supplied the cartridges by the applicant/appellant. Applicant/appellant was arrested and at his instance, three cartridges were recovered from open place. However, there was no material on record to establish that the cartridges allegedly recovered at the instance of the applicant/appellant were similar to the cartridges used at the time of commission of crime.
[SOS-204/2019]
(2 of 2)
Learned State counsel who is assisted by counsel for the complainant has opposed the application.
Keeping in view the facts and circumstances of the case, it would be just and expedient to suspend the sentence of the applicant/appellant, during the pendency of the appeal.
Accordingly, application is allowed. Sentence of the applicant/appellant shall remain suspended during the pendency of the appeal. Applicant/appellant be admitted to bail subject to satisfaction of the trial court.
(GOVERDHAN BARDHAR)J.
(SABINA)J.
Sanjay Kumawat-8
1 issue framed by the court
Whether the sentence of the appellant should be suspended during the pendency of the criminal appeal?
Mahesh Kumar
State Of Rajasthan Through PP.
Sabina Wardcourt
Govardhan Bardhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
