Anil S/o Shri Ganesh, R/o Malera Ki Dhani Tan Kharkhadi, Police Station Narayanpur District Alwar (Rajasthan) (At Present Confined In Central Jail, Alwar)

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----Petitioner

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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 Petitioner(s)	: Mr. Arun Singh Shekhawat
For Respondent(s)	: Ms. Alka Bhatnagar, Addl. GA
For Complainant(s)	: Mr. Siya Ram Sharma

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HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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22/02/2024

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This suspension of sentence application has been filed by the accused-applicant along with the appeal.

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Counsel for the applicant submits that the applicant has been convicted under Section 302 of Indian Penal Code, 1860.

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Counsel for the applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that during trial the applicant was not on bail and at present he is in custody at Central Jail, Alwar. Counsel further submits that the sentence of life imprisonment has been awarded to the applicant under Section 302 of the Indian Penal Code, 1860. Counsel further submits that hearing of the appeal may take long time and prayed

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that sentence awarded to the applicant may be suspended and he be released on bail during the pendency of the appeal.

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Learned Additional Government Advocate has informed the Court that the complainant has been duly informed about filing of the present appeal as well as the application for suspension of sentence.

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Learned Additional Government Advocate assisted by counsel for the complainant has opposed the application for suspension of sentence and submits that according to the post-mortem report (Ex.P-19), deceased died due to asphyxia. He further submits that according to the ‘Naksha Mauka’ report (Ex.P3) prepared by the police personnel during the investigation, body of the deceasedlady was found in the house of the accused and after killing her, the accused-applicant came to the police and stated that he has killed his wife. He further submits that Nandram (PW-1), who is father of the deceased, in his statement recorded during trial has stated that the relation of the accused-applicant with his wife was not good and he always used to torture his daughter (deceased) and in this regard, number of times, the compromise talks were also held between them through their relatives.

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We have heard counsel for the parties and perused the record.

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Considering the submissions put-forth by learned counsel for the parties and taking into account the facts and circumstances of the present case as well as looking to the seriousness of the offence against the accused-applicant and also, considering the ‘Naksha Mauka’ report (Ex.P3) and the post-mortem report (Ex.P19) and the statement of father of the deceased i.e, Nandram

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(PW-1), in our considered view, no case is made out to allow this application for suspension of sentence.

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Hence, the present application for suspension of sentence stands dismissed.

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(ASHOK KUMAR JAIN),J

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(INDERJEET SINGH),J

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Sumit/30

Anil S/O Shri Ganesh v. State of Rajasthan

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Anil S/O Shri Ganesh v. State of Rajasthan

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