Allowed

Paliram Alias Pali S/O Shri Bhagwandas v. State of Rajasthan

Rajasthan HC19 Jul 2024SOSA/677/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan, in an application for suspension of sentence, allowed the request. The Court noted inconsistencies in prosecution testimony regarding the incident's location and nature of injuries, and the fact that the deceased was drunk. It ordered a personal bond and sureties.

What did the court decide?

The second application for suspension of sentence is allowed; sentence shall remain suspended upon execution of a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Paliram Alias Pali S/O Shri Bhagwandas Vs State… — Criminal Trial and Appeal | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc. Second Suspension Of Sentence Application No. 677/2024

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D.B. Criminal Appeal No.362/2022

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Paliram Alias Pali S/o Shri Bhagwandas, R/o Naharpur Khurd Police Station Nogaon District Alwar (Rajasthan) (Presently Confined In District Jail, Alwar.)

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----Applicant

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Versus

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State Of Rajasthan, Through The Public Prosecutor

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----Respondent

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For Applicant(s)	: Mr. Prakash Chandra Jain with
	Mr. Roshan Vishwakarma
For State	: Mr. Javed Choudhary, PP
For Complainant(s)	: Mr. Mohit Gupta

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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19/07/2024

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Applicant has preferred this second application for suspension of sentence.

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Heard on second application for suspension of sentence.

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It is contended by counsel for the applicant that applicant has remained in custody for a period of about five years. Initially, the case of the prosecution was that the incident took place in the room of deceased-Jagdish. However, subsequently the story was changed and the incident was shown as having taken place in the chowk. It is also contended that deceased that was drunk and the chances of him sustaining injuries due to fall cannot be ruled out.

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(2 of 3)

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[SOSA-677/2024]

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It is further contended that stitches were put at the house but there was no exercise in this regard as to who put the stitches on the head of the deceased. It is contended that doctor has stated that injuries could have been caused due to fall on stone. It is contended that all the other witnesses, except the wife of deceased, have turned hostile. Children of the deceased who were sleeping with the deceased, have not been examined. The recovery of lathi as also not proved. It is contended that deceased and the accused are real brothers. The incident, as per the prosecution, took place because the deceased, on an earlier occasions had stopped the accused from beating his own son.

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Learned Public Prosecutor has opposed the second application for suspension of sentence.

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We have considered the contentions.

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Taking note of the fact that deceased was drunk and the doctor has opined that injury could have been caused due to falling on stone; that the statement of complainant(PW.2) is not matching with the theory of police with regard to place of occurrence and disposal of appeal is bound to take time, we deem it proper to allow the second application for suspension of sentence.

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Accordingly, the second application for suspension of sentence is allowed. It is ordered that the sentence awarded to applicant in Sessions Case No.121/2019 shall remain suspended if the 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

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(3 of 3)

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[SOSA-677/2024]

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Court to the effect that he shall appear before this Court as and

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when called upon to do so.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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HEENA/10

Paliram Alias Pali S/O Shri Bhagwandas v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Paliram Alias Pali S/O Shri Bhagwandas v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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