Appeal against conviction under Sections 307, 323, 324, 325 IPC allowed. Court held it is a fit case to enlarge appellants on bail pending disposal of appeal without expressing opinion on merits.
Sentence of the appellants suspended till disposal of appeal on execution of personal bond and sureties with specific conditions.
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.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2350/2024
In
S.B. Criminal Appeal No.3325/2024
----Petitioners
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
| For Petitioner(s) | : Mr. Narendra Prasad Meena with |
|---|---|
| Mr. PradeepKumar Meena | |
| For Respondent(s) | : Mr. VijaySingh Yadav,PP |
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
08/04/2025
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[SOSA-2350/2024]
(2 of 4)
complainant. He further submitted that herein this case, the dispute arose between Deenu and injured Mahendra due to some mis-understanding about work in Maha NAREGA project. He further referred Ex.D-4 and Ex.D-6 and submitted that there was a cross-case of the incident wherein charge-sheet has been filed against complainant party. Learned counsel has further referred statement of injured PW-5 Mamta, PW-6 Mahendra, PW-7 Puran and PW-13 Charan Singh and submitted that none of the injuries suffered by any of injured is dangerous to life. He further referred the statement of PW-11 Dr. Sanjeev and submitted that even there is cutting and over-writting in the injury report of PW-6 Mahendra. He further referred discrepancies and inconsistencies in the statement of witnesses and submitted that the appellants have strong case to succeed in the instant appeal. At last, he submitted that appellants were on bail during trial and disposal of appeal will take its own time.
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(3 of 4)
and PW-13 Charan Singh. The IO was examined as PW-12 and we have gone through the statement of IO. We have also considered injury reports. After recording the evidence of prosecution and further examination of appellants under Section 313 Cr.P.C., the trial court has convicted appellants under Section 307 read with 34 IPC. The main allegation is upon Deenu who was named as person by PW-6 Mahendra, for assaulting on his head by Pharsa though one of the injured has also named one of the appellants but considering the evidence on record, it is not possible for us to express any opinion on merits of the case but it is a fit case to enlarge appellants on bail.
(4 of 4)
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Misc. Application stands disposed of.
mail.
(ASHOK KUMAR JAIN),J
PREETI VALECHA /27
1 issue framed by the court
Whether the present case is fit for enlargement of the appellants on bail pending disposal of the appeal.
2 provisions across 1 enactments
Mamrej S/o Ayub
Mamur S/o Ayub
Sahun S/o Mohar Khan
State Of Rajasthan
ASHOK KUMAR JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
