Jagdish v. State
Case brief
What is this about?
High Court allowed suspension of sentence applications for two appellants convicted of murder. Prosecution eye-witnesses turned hostile, leaving only an unreliable extra-judicial confession. Bench granted bail and suspended sentence pending appeal appeal.
What did the court decide?
Applications for suspension of sentence allowed; appellants released on bail subject to personal bond and conditions.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 374/2019
Praveen S/o Sh. Logar Lal Dangi, Aged About 27 Years, Resident Of Shobhagpura, Police Station Sukher, District Udaipur (Raj.) (Presently Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State, Through PP
----Respondent
Connected With
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 375/2019
Jagdish S/o Sh. Udailal Dangi, Aged About 20 Years, By Caste Dangi, Resident Of Shobhagpura, Police Station Sukher, District Udaipur (Presently Lodged In Central Jail, Udaipur)
----Petitioner
Issues for consideration
2 issues framed by the court
Whether suspension of sentence under Section 389 Cr.P.C. can be granted when prosecution case is weak due to hostile eye-witnesses.
Whether extra-judicial confession is sufficient to uphold conviction without co-accused being specifically attributed to the guilt of the appellants.
Parties & counsel
- appellant
Praveen S/o Sh. Logar Lal Dangi
- appellant
Jagdish S/o Sh. Udailal Dangi
- respondent
State, Through PP
Coram
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · May
- Registered
- Case no.
- SOSA/375/2019
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