This disposal addressed an application seeking suspension of the applicant's sentence pending appeal. The bench found no grounds to suspend the sentence given the seriousness of the rape allegations and dismissed the application.
Suspended sentence application was dismissed.
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. Suspension of Sentence Application No.
379/2019
In
D.B. Criminal Appeal No. 166/2018
Bheemraj Gurjar S/o Shri Rajuram B/c Gurjar, R/o Village Chavandiya, Police Station Masooda, Distt. Ajmer Raj. At Present In Central Jail, Ajmer
----Appellant/Applicant
Versus
State Of Rajasthan Through P.P.
----Respondent
For Appellant(s) : Mr. Susheel Pujari For Respondent(s) : Mr. Javed Choudhary-P.P.
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Judgment
01/07/2019
Learned counsel for the applicant has submitted that sentence of the applicant be suspended during the pendency of the appeal. Sentence of convict-Jagdish has been suspended by Co-ordinate Division Bench of this Court vide order dated 05.09.2018.
Learned State counsel has opposed the application.
As per the prosecution story, applicant along with his coaccused had raped the prosecutrix aged about 15 years. Prosecutrix has stated in her statement, during trial, that she had been raped by the applicant as well as Jagdish.
(2 of 2)
[SOSA-379/2019]
Although, sentence of convict-Jagdish has been suspended by Co-ordinate Division Bench of this Court vide order dated 05.09.2018 but keeping in view the seriousness of allegations levelled against the applicant, no ground for suspension of his sentence is made out.
Dismissed.
(GOVERDHAN BARDHAR),J
(SABINA),J
Ashu/7
1 issue framed by the court
Whether sentence should be suspended during the pendency of the appeal.
Bheemraj Gurjar
State Of Rajasthan Through P.P.
Sabina
Goverdhan Bardhar
As recorded by the court registry
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