In a disposal of an interim application for suspension of sentence, the High Court dismissed the plea. The bench found no ground for suspension during the pendency of the appeal, noting the appellant was armed with a sword and involved in a murder case causing death to the deceased.
Application for suspension of sentence 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. 2nd Suspension of Sentence Application No.652/2020
in
D.B. Criminal Appeal No. 123/2019
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Vivek Sharma, through video conferencing. For Respondent(s) : Mr. N.S. Gurjar, Public Prosecutor.
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
15/05/2020
Learned counsel for the appellant has submitted that the applicant has undergone about 5 years of sentence (in all) and after conviction applicant is in custody since 27.02.2019. Appellant has been falsely implicated in this case. In-fact, it is a case of free fight.
Learned Public Prosecutor opposed the application.
Present case relates to murder of Ramesh and injuries suffered by the injured. As per the eye-witness account, the applicant was armed with a sword at the time of incident and he had inflicted injuries to the deceased alongwith his co-accused.
(2 of 2)
[SOSA-652/2020]
Deceased had suffered three injuries on his head with a sharp edged weapon.
Keeping in view, the seriousness of allegations levelled against the applicant, no ground for suspension of his sentence during pendency of the appeal is made out.
Dismissed.
(CHANDRA KUMAR SONGARA),J (SABINA),J
Ashish Kumar /1
3 issues framed by the court
Whether grounds exist for suspending the appellant's sentence during the pendency of his criminal appeal.
Whether the appellant has successfully demonstrated a case for suspension of sentence considering the circumstances of the crime.
Whether the seriousness of the allegations levelled against the appellant warrants the dismissal of his suspension application.
Raju S/o Ranjeet
State Of Rajasthan
Sabina
Chandra Kumar Songara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
