Rajasthan High Court - Jaipur
Dev Lal Son Of Gopal Lal vs State Of Rajasthan on 21 October, 2021
Bench: Pankaj Bhandari, Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Suspension of Sentence Application
No. 687/2021
IN
D.B. Criminal Appeal No. 116/2019
Dev Lal S/o Gopal Lal R/o Vill. Gudanthavatan Ps Sadar Dist.
Bundi At Present In Central Jail Kota
----applicants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Applicant(s) : Mr. Rinesh Gupta and Mr. Kapli Bhardwaj for Mr. Arvind Kumar Gupta For Complainant(s) : Mr. Eliyas Ali For State : Mr. Javed Chaudhary, Addl G.A. HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment / Order 21/10/2021
1. Matter comes up on an application for suspension of sentence.
2. Heard on application for suspension of sentence.
3. It is contended by counsel for the applicant that five persons were tried for offence under Section 302 read with Section 34 IPC and all were convicted and sentenced for life. It is also contended that sentence of other co-accused has been suspended by the High Court. It is also contended that in the parchabayan of the deceased, the injury assigned to the present applicant is similar to the injuries which was assigned to the other co-accused. It is (Downloaded on 26/10/2021 at 10:08:20 PM) (2 of 2) [SOSA-687/2021] further contended that applicant has remained in custody for a period of six years. Disposal of appeal will take time.
4. Learned Public Prosecutor and counsel for the complainant have opposed the application for suspension of sentence. It is contended that the allegation of causing injury on the head is on the present applicant.
5. We have considered the contentions.
6. As per the parchabayan of the deceased, the injuries attributed to the applicant is similar to the injuries which was attributed to the other co-accused who were also convicted for offence under Section 302 read with Section 34 IPC. Applicant has already remained in custody for a period of six years and the sentence of other co-accused has been suspended by the Court.
7. Considering the contentions of counsel for the applicant, application for suspension of sentence is allowed.
8. Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused- applicant in Criminal Case No.137/2016 (C.I.S. No. 107/2015) shall remain suspended if the applicant furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) 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. (MADAN GOPAL VYAS),J (PANKAJ BHANDARI),J NIKHIL KR. YADAV /4 (Downloaded on 26/10/2021 at 10:08:20 PM) Powered by TCPDF (www.tcpdf.org)