Rajasthan High Court - Jaipur
Ashish S/O Shri Sheeshram B/C Ahir vs State Of Rajasthan on 7 September, 2018
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.824/2018
IN
S.B. Criminal Appeal No. 1369/2018
Ashish S/o Shri Sheeshram B/c Ahir, Aged About 32 Years, R/o
Nanagwas, Police Station Mandhan, District Alwar, Raj.
(Presently Lodged In Central Jail, Alwar).
----Appellant
Versus
State Of Rajasthan Through Pp, Jaipur
----Respondent
For Appellant(s) : Mr. Suresh Kumar Sahni with Mr. R.M. Sharma For State : Mr. Sudesh Saini, PP For Complainant Mr. Mohit Balwada HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 07/09/2018
1. It is contended by counsel for the appellant that the appellant has been acquitted for offence under Section 304 IPC. Suicide note Ex.P-18 does not contain any averment with regard to demand of dowry. In the initial part of alleged suicide note Ex.P-18, deceased has mentioned that the allegation of death be not levelled against any one. It is also contended that at the time of registering of the inquest report, no allegation was levelled.
2. It has come in evidence that after due consultation, the F.I.R. was lodged. It is also contended that deceased was having relations with her brother-in-law and a complaint was made by the (2 of 2) [SOSA-824/2018] appellant. It is proved that the cause of commission of suicide may be because of relationship of the deceased with her brother- in-law.
3. Learned Public Prosecutor and counsel for the complainant have opposed the application for suspension of sentence. His contention is that in view of Section 304-B IPC, burden shifts on the appellant as in the case in hand death is caused within one year of marriage in unnatural circumstances.
4. I have considered the contentions.
5. Considering the contentions of counsel for the appellant and taking note of the fact that appellant has remained in custody for two years and two months. Disposal of appeal will take time, application for suspension of sentence is allowed.
6. Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused- applicant in Sessions Case No.24/2016 shall remain suspended if the appellant furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court to the effect that he shall appear before Deputy Registrar (Judicial) on or before 08.10.2018 and as and when called upon to do so.
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