In this D.B. Criminal Misc. SOSA application, the High Court of Rajasthan refused to suspend the sentences awarded to the appellant. The court found clinching evidence of eyewitnesses pointing to the appellant's involvement in the assault, dismissing the application as devoid of merit.
Application for suspension of sentences 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 AT JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 485/2019
Dinesh Kumar S/o Sri Radheshyam, Aged About 49 Years, B/c Soni , R/o Nagori Mohlla , P.s. Parsoli , Distt. Chittorgarh (At Presently Lodged At Central Jail , Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr.K.R. Bhati For Respondent(s) : Mr.N.S. Bhati,PP Mr. Jaipal Singh for complainant.
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment / Order
02/05/2019
Having heard and considered the submissions advanced at bar by learned counsel for the applicant-appellant, learned Public Prosecutor and learned counsel for the complainant and after going through the material available on record and considering the strong evidence appearing in favour of the prosecution in the form of statements of PW.12 Himanshu Singh Chouhan (son of deceased) and PW.4 Salim Khan, who saw the applicant-appellant coming out of the house of the deceased Shakti Singh just after the fatal assault, we are of the firm opinion that there is clinching evidence on record against the applicant-appellant so as to implicate him in the offence. Thus, without making any comments on the merits of the case, we are not inclined to suspend the
(2 of 2)
[SOSA-485/2019]
sentences awarded to the appellant by the trial court during pendency of the appeal.
Accordingly, the instant application for suspension of sentences filed on behalf of the applicant-appellant is dismissed as being devoid of merit.
(VINIT KUMAR MATHUR),J
(SANDEEP MEHTA),J
26-1/Sudhir Asopa
1 issue framed by the court
Whether the High Court is inclined to suspend the sentences awarded to the appellant during pendency of appeal given strong prosecution evidence.
State Of Rajasthan
Sandeep Mehta
Vinit Kumar Mathur
As recorded by the court registry
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