In a criminal appeal concerning murder, the Court considered an application for suspension of the appellant's sentence pending the appeal. The Court held that given the gravity of the allegations and the eye-witness evidence of the crime, no ground for suspension was made out. The application was dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Misc. Application for Suspension of Sentence Application No.319/2019
In
D.B. Criminal Appeal No. 270/2018
Rajesh S/o Bansidhar B/c Mali, Aged About 24 Years, R/o Dhani Gullakha Wali Tan, Kakrana PS Gudha District Jhunjhunu (Raj.). (At Present Confined At District Jail, Jhunjhunu).
----Accused-Appellant
Versus
State Of Rajasthan Through PP.
----Respondent
For Appellant : Mr. Inder Raj Sahni For State : Ms. Rekha Madnani, P.P. For Complainant Mr. Subhash Sharma
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
16/07/2019
Learned counsel for the applicant/appellant has submitted that the sentence of the applicant-appellant be suspended during pendency of the appeal. As per medical evidence, applicant-appellant has not attributed fatal injury to the deceased. Applicant/appellant is in custody for the last three years.
Learned State counsel who is assisted by the counsel for the complainant, has opposed the application.
Present case relates to murder of Mularam. Case rests on eye-witness account. Eye-witnesses have deposed during trial
(2 of 2)
[CRLAD-270/2018]
that the applicant/appellant was armed with a pipe at the time of incident and had inflicted injury on the head of the deceased. Keeping in view the seriousness of nature of allegations levelled against the applicant/appellant, no ground of suspension of his sentence during pendency of the appeal is made out. Dismissed.
(GOVERDHAN BARDHAR),J (SABINA),J
Dheeraj/3
2 issues framed by the court
Whether the appeal against the murder conviction should be suspended pending its final disposal on the ground of ill-health.
Whether the facts established during the trial justify a suspension of the sentence.
Rajesh S/o Bansidhar
State Of Rajasthan
Sabina
Goverdhan Bardhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
