In a criminal appeal involving conviction under Sections 302/34 IPC and the Arms Act, the High Court of Rajasthan rejected the appellant's application for suspension of sentence, holding it devoid of merit due to consistent prosecution evidence and refusing bail.
Suspension of sentence application rejected; bail refused during pendency of appeal.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 71/2022
IN
D.B.Criminal Appeal No. 12/2021
Munia S/o Sh. Bheema Bumbdiya, Aged About 53 Years, R/o Jhed, P.s. Mandwa, Dist. Udaipur.
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr. Richin Surana |
|---|---|
| For Respondent(s) | : Mr. R.R.Chhaparwal,P.P. |
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
15/03/2022
The instant application for suspension of sentence under Section 389 CrPC has been preferred on behalf of the appellantapplicant Munia S/o Bheema, who has been convicted and sentenced for the offences under Section 302/34 IPC and Section 3/25 of Arms Act vide judgment dated 23.1.2020 passed by learned Special Judge, SC/ST Cases, Udaipur in Sessions Case No. 69/2017.
Heard learned counsel for the applicant-appellant and learned Public Prosecutor. Perused the record.
There is consistent allegation of prosecution witnesses PW-2 Bhaniya and PW-3 Savji that the applicant herein fired the gun
(2 of 2)
[SOSA-71/2022]
shot at the deceased Mana. As per the medical evidence, the cause of death of deceased Mana was gun shot injury.
In this background, we are not inclined to enlarge the applicant-appellant on bail during pendency of appeal.
Hence, the application for suspension of sentence is rejected as being devoid of merit.
(VINOD KUMAR BHARWANI),J
(SANDEEP MEHTA),J
40-RP/-
2 issues framed by the court
Whether the application for suspension of sentence under Section 389 CrPC stands allowed given the consistency of prosecution witnesses.
Whether bail can be enlarged during the pendency of the appeal in the aforementioned offences.
5 provisions across 3 enactments
Munia S/o Bheema
State Of Rajasthan
SANDEEP MEHTA
VINOD KUMAR BHARWANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
