Rajasthan High Court - Jodhpur
State vs Sikander & Anr on 15 February, 2017
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Leave To Appeal No.92/2016
The State of Rajasthan
----Appellant
Versus
1. Sikander S/o Shri Abdul Rahman, by caste Musalman, R/o
Kumhariya Kaua, Khandafalsa, Jodhpur, Police Station
Khandafalsa, Jodhpur.
2. Ishak @ Bablu S/o Shri Abdul Satar, by caste Musalman, R/o
Kumhariya Kaua, Khandafalsa, Jodhpur, Police Station
Khandafalsa, Jodhpur.
----Respondent
_____________________________________________________
For Appellant(s) : Mr. Vishnu Kachhawaha, Public Prosecutor
For Respondent(s) : Mr. Kaushal Sharma,
Mr. Abdul Latif
Mr. Gokulesh Bohra
_____________________________________________________
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
HON'BLE MR. JUSTICE KAILASH CHANDRA SHARMA Order 15/02/2017 An application has been filed for condonation of delay of 155 days in filing this leave to appeal.
For the reasons mentioned in the application, the application is hereby allowed and the delay of 155 days in filing this leave to appeal is condoned.
Heard learned counsel for both the parties in this criminal leave to appeal filed against the judgment dated 14.07.2015, passed by the learned Additional Sessions Judge No.2, Jodhpur (2 of 2) [CRLLA-92/2016] Metropolitan, in Sessions Case No.07/2013 whereby the accused- appellant Sikander was acquitted for the offences under Sections 302, 364 & 201 IPC and the accused-appellant Ishak @ Bablu was acquitted for the offences under Sections 302, 374 & 201 read with Section 34 IPC After considering the entire evidence so also the fact that the complainant's wife was having illicit relations with the accused Sikander so also the fact that parts of body were recovered at the instance of respondents so also other articles were recovered as per information given by the respondents, we are of the opinion that reappreciation of the evidence is necessary, therefore, leave to appeal filed against the impugned judgment is hereby granted. The memo of leave to appeal is hereby treated as the memo of appeal.
Learned counsel for the respondents is already appearing, therefore, there is no need to issue any notice to the respondents.
Learned counsel for the respondent is directed to inform both the accused-respondents to furnish personal bond in sum of Rs.50,000/- with one surety each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court on or before 20.03.2017 and shall present before this court as and when called upon to do so.
After accepting the bail bond, the appeal may be listed for hearing in due course.
(KAILASH CHANDRA SHARMA)J. (GOPAL KRISHAN VYAS)J. Ramesh/1