The High Court suspended the sentences of two appellants convicted for inflicting injuries on a deceased during the pendency of their criminal appeal, admitting them to bail subject to trial court satisfaction.
Sentence suspended during pendency of appeal; appellants admitted to bail subject to satisfaction of the trial Court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Miscellaneous IInd Bail (Suspension of Sentence) Application No.821/2020
In
D.B. Criminal Appeal No. 238/2019
Both residents of village Gopalpura, Police Station Nangal Rajavtan At present Police Station Ramgarh Pachwara District Dausa Raj. At present in Central Jail, Jaipur.
----Applicants/Appellants
Versus
State Of Rajasthan, Through P.P
----Respondent
For Applicant/Appellant(s) : Mr. Harendra Singh Sinsinwar Advocate with Mr. Rajesh Choudhary Advocate For Respondent(s) : Mr. Arvind Bhadu for the State. For Complainant(s) : Mr. Prakash Thakuriya Advocate
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
24/07/2020
Learned counsel for the applicants/appellants has submitted that sentence of similarly situated co-convicts has been suspended by this Court vide order dated 07.07.2020. As per FIR, allegation for inflicting injuries on the person of the deceased Ranjeet were made against Gangasahay and Jagdish. Jagdish had died during pendency of the trial. During trial, witnesses made improvements
(2 of 2)
[SOSA-821/2020]
and attributed injury on the person of the deceased to applicant/appellant No.2 Kalu. One witness has stated that the applicant/appellant No.2 was armed with a sharp edged weapon whereas another witness has alleged that he was armed with a stick. Applicants/appellants were on bail during trial.
Learned State counsel who is assisted by the counsel for the complainant has opposed the application, but has failed to controvert the factual aspects of the submissions made by the learned counsel for the applicants/appellants.
Keeping in view the facts and circumstances of the case, it would be just and expedient to suspend the sentence of the appellants/applicants during pendency of the appeal.
Accordingly, application is allowed. Sentence of the appellants/applicants shall remain suspended during pendency of the appeal. Appellants/Applicants be admitted to bail subject to satisfaction of the trial Court.
(NARENDRA SINGH DHADDHA),J
Sanjay Kumawat-1
1 issue framed by the court
Whether to suspend the sentence of the appellants during the pendency of their criminal appeal
Laxman Alias Laxminarayan S/o Shri Shankar
Kalu S/o Shri Shankar
State Of Rajasthan
Sabina
Narendra Singh Dhaddha
As recorded by the court registry
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