The High Court of Rajasthan at Jodhpur dismissed an application for suspension of sentence. The court held that significant circumstantial evidence connected the applicant to the offences and the arrival of relevant evidence at arrest did not warrant bail enlargement at this stage.
Application for suspension of sentence dismissed as being devoid of merit.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D. B. Suspension of Sentence (Appeal) No. 337/2019
Khemraj S/o Gautam (adopted S/o Bhaga @ Bhagwana Meena) by caste Meena, aged about 30 years, R/o Mamdev Pathar, Padakhora, Ps Dhamotar, District Pratapgarh (Raj) (Presently lodged at Central Jail, Udaipur)
----Applicant
Versus
State of Rajasthan
----Respondent
For Applicant : Mr. Rahul Bathi For Respondent : Mr. Anil Joshi, P.P.
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
02/04/2019
Having heard and considered the arguments advanced by the learned counsel for the accused-applicant and the learned Public Prosecutor and after going through impugned judgment as well as record, we find that the prosecution has available to it, significant circumstantial evidence so as to connect the accused-applicant with the alleged offences. The issue as to whether, the accusedapplicant would be entitled to benefit of doubt simply because the prosecution witnesses were declared hostile shall be considered when the appeal is being heard finally. At this stage, considering the fact that the ornaments of the deceased were recovered at the instance of the accused-applicant and as, the accused-applicant himself was found having number of nail inflicted injuries on his neck when he was arrested, we feel that the evidence available on
(2 of 2)
[SOSA-337/2019]
record does not warrant enlargement of the accused-applicant on bail at this stage.
Hence, the application for SOS is dismissed as being devoid of merit.
(VINIT KUMAR MATHUR),J
(SANDEEP MEHTA),J
18-Inder/-
1 issue framed by the court
Whether the applicant is entitled to a suspension of sentence given the available circumstantial evidence and injuries sustained.
Khemraj
State of Rajasthan
Sandeep Mehta
Vinit Kumar Mathur
As recorded by the court registry
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