This order allowed suspension of sentence applications filed by five appellants convicted in a criminal trial. The High Court granted bail pending appeal subject to executing a personal bond.
Sentence suspended and appellants released on bail with personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.
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.
[2023/RJJD/013855]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 226/2023
Lakhveer Singh S/o Shri Dula Singh, Aged About 22 Years, R/o 5 Kk Butra Ps Gamidwali Sri Ganganagar (Lodged In Dist. Jail Sri Ganganagar)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 235/2023
Bittu S/o Nayab Singh, Aged About 24 Years, R/o Mohanpura, Police Station Sadar, District Sriganganagar (Raj.) (At Present Lodged In Central Jail, Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 251/2023
Rajvinder @ Sandhu S/o Shri Major Singh, Aged About 31 Years, R/o Mohanpura, Ps Sadar, Sri Ganganagar. (Presently Lodged At Central Jail, Sri Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 284/2023
Gurveer Singh @ Gori S/o Sh. Gurmel Singh, Aged About 22 Years, Mohanpura Ps Sadar Sri Ganganagar. (Lodged In Dist. Jail, Sri Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 285/2023
Jashnadeep Singh @ Jashn S/o Baljindra Singh, Aged About 30 Years, Mohanpura, P.S. Sadar, Dist. Sri Ganganagar. (Lodged In Central Jail, Sri Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
[2023/RJJD/013855] (2 of 5)
| For Petitioner(s) | : | Mr.J.S. Choudhary, Sr. Advocate asst. by Mr. Pradeep Choudhary and Ms. Hemlata Chaoudhary Mr. Abhishek Aggarwal Mr. Ashish Gehlot for |
|---|---|---|
| Mr. Tirupati Chandra | ||
| Mr. Kuldeep Sharma Mr. Vikas Bishnoi Mr. Devender Singh Thind |
||
| For Respondent(s) | : | Mr. A.R. Choudhary,PP |
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/05/2023
| Name | Offence for which convicted |
Sentence Awarded |
|---|---|---|
| 1. Lakhveer Singh 2. Bittu Rajvinder @ Sandhu 3. Rajvinder @ Sandhu 4GurveerSingh@Gori |
Section 395 of IPC | 10 years R.I. with fine of Rs. 20,000/- |
| . 5. Jashnadeep Singh @ Jashn |
Section 341 of IPC | 01 Month S.I. |
| Jashnadeep Singh | Under Section 3/25 of the Arms Act |
01 Years S.I. with fine of Rs. 1,000/- |
[2023/RJJD/013855]
(3 of 5)
accusation was dependent upon the veracity of the evidence of test identification parade as well as upon the testimony of the person who identified the appellants as assailants, therefore, the quality of the above evidence must be of sterling worth so as to ensure the conviction. Herein this case, right from the day of apprehension of the appellants, they were not kept veiled, which is very much evident from the arrest memo whereon their colored photographs are affixed. Simply a formality of writing of mentioning that the accused were kept veiled will not sufficeint to establish that proper course has been adopted. The witness was not clear and firm with regard to the number of the accused rather he failed to identify some of the accused who were apprehended by the Police. There is no recovery of any identifiable article. The appellants were on bail during the course of trial and never misused the liberty so granted to them. He further submits that they have strong arguable case in their favour. In view of the bleak type of evidence relied upon the learned trial Judge, it is prayed that since the hearing of the appeal would likely to take a long time, therefore, they may be released on bail during the pendency of the appeal.
[2023/RJJD/013855]
(4 of 5)
(5 of 5)
[2023/RJJD/013855]
(FARJAND ALI),J
84-Ashutosh/-
1 issue framed by the court
Whether the criminal appeals require suspension of sentence and bail during pendency.
1 provisions across 1 enactments
Lakhveer Singh, Bittu, Rajvinder @ Sandhu, Gurveer Singh @ Gori, Jashnadeep Singh @ Jashn
State Of Rajasthan, Through PP
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
