HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Suspension of Sentences No.353/2022
IN
D.B. Criminal Appeal No. 1003/2017
Lakkhi S/o Ramkhiladi, R/o Doongarwala, Ps Sepau, District
Dholpur, Raj. At Present He Is Confined In Central Jail Sewar,
District Bharatpur.
Versus
State Of Rajasthan Through P.P.
----Respondent
For Appellant(s) : Mr. Harendra Singh Sinsinwar Mr. Rahul Sinsinwar For Respondent(s) : Mr. Javed Choudhary, Addl. GA HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE SAMEER JAIN Order 14/10/2022 Heard learned counsel representing the applicant-appellant and learned Public Prosecutor. Perused the material available on record.
The instant applications for suspension of sentences under Section 389 CrPC have been preferred on behalf of the appellant- applicant Lakkhi who has been convicted and sentenced as below vide judgment dated 18.05.2017 passed by learned Additional Sessions Judge, Dholpur in Sessions Case No.35/2012 (CIS No.22/2016):-
Offences Sentences Fine Fine in
Default
Sentences
302 IPC Life Rs.10,000/- Six months'
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(2 of 2) [CRLA-1003/2017]
Imprisonment Simple
Imprisonment
307/149 IPC 10 years' of Rs.5,000/- Three months'
Rigorous Simple
Imprisonment Imprisonment
Both the sentences were ordered to run concurrently.
The appellant is the principal offender against whom, there is a distinct allegation of firing fatal gunshot at the deceased. The application for suspension of sentences filed on behalf of co- accused Lalli @ Vinod has been dismissed by this Court vide order dated 11.09.2017. Thus, we do not find any valid ground to enlarge the appellant Lakkhi on bail during pendency of the appeal.
The application for suspension of sentences is dismissed as being devoid of merit.
However, considering the prolonged custodial period suffered by the appellant, the Registry is directed to list the appeal for hearing in the appropriate order or priority. (SAMEER JAIN),J (SANDEEP MEHTA),J Devesh/JKP/2 (Downloaded on 15/10/2022 at 09:38:38 PM) Powered by TCPDF (www.tcpdf.org)