Allowed

Bhuddhi Prakash @ Dholya S/O Devlal v. State of Rajasthan

Rajasthan HC9 Dec 2021SOSA/945/2021

Case brief

AI extract

What is this about?

The High Court allowed an application for suspension of sentence pending the disposal of a criminal appeal. The appellant, convicted under Sections 304 Part-II and 341 of IPC, was to remain on bail by furnishing a personal bond and sureties.

What did the court decide?

Application for suspension of sentence allowed; appellant released on bail upon furnishing personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Bhuddhi Prakash @ Dholya S/O Devlal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Application (For Suspension of

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Sentence) No.945/2021

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S.B. Criminal Appeal No. 1531/2021

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Bhuddhi Prakash @ Dholya S/o Devlal, Aged About 21 Years, R/o Revatpura, P.S. Chauth Ka Barwara, District Sawai Madhopur (At Present Confined At District Jail, Sawaimadhopur)

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----Accused-Appellant

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Appellant(s) : Mr. Syed Shahid Hasan with Mr. Abdul Basit Naqvi For Respondent(s) : Mr. Ganesh Saini, PP Mr. Ashindra Gautam

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HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

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Order

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09/12/2021

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Heard on application for suspension of sentence.

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The appellant has filed the appeal along with application for suspension of sentence.

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This appeal has been preferred against the judgment dated 13.09.2021 passed by the Court of Sessions Judge, Sawai Madhopur in Session Case No.03/2020, by which the appellant has been convicted under Sections 304 Part-II and 341 r/w 34 of IPC and sentenced to maximum term of ten years.

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(2 of 3)

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It has been submitted by learned counsel for the appellant that the appellant-Bhuddhi Prakash was acquitted from the charge under Section 302 of IPC but was convicted under Sections 304 Part-II, 341 r/w 34 of IPC. The appellant has been falsely implicated in the case. The allegation of fatal blow has been levelled against the co-appellant-Bhojraj @ Bhojya. Statements of witnesses including P.W.1, P.W.2, P.W.3, P.W.4 and P.W.5 reveal that the fatal blow of kulhadi (axe) was given by co-appellantBhojraj. The allegation against the present appellant-Bhuddhi Prakash is that he caught hold of the deceased-Hanuman. During trial, the appellant was on bail. Hearing of appeal may take long time.

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Learned Public Prosecutor assisted by learned counsel for the complainant, has opposed the application for suspension of sentence and has submitted that culpability of appellant is on the same footing as that of co-appellant-Bhojraj. Both of them acted in a planned manner to cause death of Hanuman.

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Heard learned counsel for the parties and scanned the evidence available on record carefully.

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Taking into consideration the submissions of learned counsel for the appellant, overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems just and proper to allow the application for suspension of sentence.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accusedappellant Bhuddhi Prakash @ Dholya S/o Devlal shall remain

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(3 of 3)

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suspended till disposal of this criminal appeal and he be released on bail, provided the appellant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned trial court for his appearance in this Court on 10^th January, 2022 and as and when called upon to do so.

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(MANOJ KUMAR VYAS),J

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Hemant/18

Bhuddhi Prakash @ Dholya S/O Devlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhuddhi Prakash @ Dholya S/O Devlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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