Ramesh Kumar v. State
Case brief
What is this about?
The High Court of Rajasthan suspended sentence application in a murder appeal pending final hearing. The court refused to grant suspension due to the gravity of the offense and did not pass observations on merits.
What did the court decide?
Application for suspension of sentence is dismissed. Appeal listed for hearing in order of priority.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 840/2021
Ramesh Kumar S/o Savaji, Aged About 49 Years, R/o Puran, Police Station Jaswantpura, District Jalore. (At Present Confined In Central Jail, Jodhpur).
----Petitioner
Versus
State, Through Pp
| ----Respondent | |
|---|---|
| For Petitioner(s) | : Mr. Sharavan Saini |
| For Respondent(s) | : Mr.B.R. Bishnoi,PP |
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE FARJAND ALI
Order
11/04/2022
The instant application for suspension of sentence under Section 389 CrPC has been preferred on behalf of the appellantapplicant Ramesh Kumar S/o Savaji, who has been convicted under Section 302 of the IPC and sentenced to life imprisonment with fine of Rs.10,000/- vide the judgment dated 16.12.2020 passed by the learned Additional Sessions Judge, Bhinmal, District Jalore in Sessions Case No.22/2016.
Issues for consideration
3 issues framed by the court
Whether sentence suspension should be granted pending appeal in a murder case based on circumstantial evidence.
Whether the balance of convenience and gravity of offense justify suspension of life imprisonment.
Whether the shift of onus under Section 106 of Indian Evidence Act is relevant for interim relief.
Parties & counsel
- appellant
Ramesh Kumar S/o Savaji
- respondent
State
Coram
SANDEEP MEHTA
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · April
- Registered
- Case no.
- SOSA/840/2021
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