Allowed

Anil @ Leela Son of Chhajuram v. State of Rajasthan

Rajasthan HC2 Dec 2024SOSA/1909/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an application for suspension of sentence by the accused-appellant. The court noted the case relied on circumstantial evidence and ordered the sentence to remain suspended contingent on the appellant furnishing a personal bond of Rs.1,00,000/ and two sureties of Rs.50,000/- each.

What did the court decide?

The sentence awarded shall remain suspended if the accused-applicant furnishes a personal bond of Rs.1,00,000/ and two sureties of Rs.50,000/- each.

Anil @ Leela Son of Chhajuram Vs State of Rajasthan — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JP:49434-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1909/2024

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D.B. Criminal Appeal No.174/2024

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Anil @ Leela Son Of Chhajuram, Aged About 40 Years, Resident Of Patharwa Police Station Satnali District Mahendragarh, Hariyana (At Present Confined In District Jail Jhunjhunu)

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----Appellant

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Appellant(s) : Mr. Jaswant Singh Rathore For Respondent(s) : Mr. Vivek Sharma, Add. Govt. Adv. Mr. Vichitr for Mr. Sudhir Yadav

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order

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02/12/2024

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Accused-applicant has preferred this application for suspension of sentence.

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Heard on application for suspension of sentence.

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It is contended by counsel appearing for the applicant that the case rests upon circumstantial evidence. There is no last seen evidence, and the only circumstancial evidence pointing against the appellant is of the recovery of axe and clothes. It is further contended that as per the statement of witnesses, the axe was recovered on the same day i.e. 09.06.2020, whereas the appellant was arrested on 10.06.2020 and recovery memo of axe is shown to be made on 12.06.2020. It is also contended that Malakhana in-charge has also stated that the axe was deposited in the

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(2 of 2)

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[2024:RJ-JP:49434-DB]

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[SOSA-1909/2024]

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Malkhana on the same day i.e. 09.06.2020. At the time of arrest, the payjama was not recovered, it was recovered after two days from the date of incident. It is also contended that the recovery memo mentions about the blood stains on the pyjama which the accused was wearing at the time of the incident and the same was recovered.

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Learned Addl. G.A. as well as counsel appearing for the complainant have opposed the present application for suspension of sentence.

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We have considered the contentions.

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Considering the statements of the witnesses as well as Malkhana in-charge with regard to recovery of axe, also taking note of the fact that there is no last seen evidence rather the case is based on circumstantial evidence, and without commenting further upon merits of the case, we deem it proper to allow this application for suspension of sentence.

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Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused applicant in Sessions Case No.35/2020 shall remain suspended if the accused-applicant 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 to the effect that he shall appear before this Court as and when called upon to do so.

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(VINOD KUMAR BHARWANI),J

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(PANKAJ BHANDARI),J

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SAURABH /79

Anil @ Leela Son of Chhajuram v. State of Rajasthan

Case brief

What is this about?

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Anil @ Leela Son of Chhajuram v. State of Rajasthan

Case brief

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What the court decided

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