Allowed

Mohan Lal @ Shibbu Son of Girraj Prasad v. State of Rajasthan

Rajasthan HC10 Dec 2024SOSA/1916/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a suspension of sentence application for an accused-applicant convicted under Section 34 IPC. Considering his custody duration and pendency of the appeal, the court suspended the sentence contingent upon execution of a bond of Rs. 1 lakh and two sureties of Rs. 50,000 each.

What did the court decide?

Sentence suspended subject to furnishing a personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

Mohan Lal @ Shibbu Son of Girraj Prasad Vs State… — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JP:50753-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. 1916/2024

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D.B. Criminal Appeal No.154/2024

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Mohan Lal @ Shibbu Son of Girraj Prasad, Aged About 49 Years, R/o Padli Police Station Raini, District Alwar (Raj). (At Present In Central Jail, Alwar).

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----Applicant

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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 Applicant(s) : Mr. Mahendra Sharma For State : Mr. Sudesh Saini, Addl. G.A. along with Mr. Gaurav Gupta, Asstt. G.A. For : None Present Complainant/Victim

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA

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Order

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10/12/2024

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Accused-applicant has preferred this application for

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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 accused-

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applicant that initially the F.I.R. was lodged against seven persons. Only three persons were chargesheeted and all three have been convicted and sentenced with the aid of Section 34 of the I.P.C. It is also contended that sentence of co-accused Birma & Kailash

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Chand @ Pappu have been suspended by the Court. It is further

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[2024:RJ-JP:50753-DB]

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[SOSA-1916/2024]

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(2 of 3)

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contended that PW-1 is not a reliable witness, as he has implicated the present applicant and has stated that injury by a sharp weapon was caused to him by the applicant and he became unconscious. However, as per the injury report, he has not received any sharp injury. The injury received by him is a lacerated wound caused by blunt weapon. It is contended that evidence of PW-1 is not reliable, as he has levelled allegations against the present applicant of causing multiple injuries to the deceased. However, as per the postmortem report, the deceased has sustained only a single injury on her head.

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Despite intimation, no has put in appearance on behalf of the complainant/victim.

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Learned Additional Government Advocate has opposed the present application for suspension of sentence.

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We have considered the contentions.

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Taking note of the fact that accused has remained in custody for a period of four years and nine months; he has been convicted with the aid of Section 34 of I.P.C.; sentence of co-accused, who were also convicted with the aid of Section 34 I.P.C., has been suspended by the Court; disposal of appeal will take time and without further going into merits of the case, we deem it proper to allow the present application for suspension of sentence.

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Accordingly, the present application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused applicant in Sessions Case No.13/2020, C.I.S. No.13/2020 shall remain suspended if the accused-applicant furnishes a personal bond of Rs.1,00,000/- and two sureties of

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(3 of 3)

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[2024:RJ-JP:50753-DB]

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[SOSA-1916/2024]

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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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(SHUBHA MEHTA),J

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(PANKAJ BHANDARI),J

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AMIT/70

Mohan Lal @ Shibbu Son of Girraj Prasad v. State of Rajasthan

Case brief

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Mohan Lal @ Shibbu Son of Girraj Prasad v. State of Rajasthan

Case brief

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