(1 of 2) [SOSA-227/2022] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 227/2022 Om Prakash S/o Sh. Mangi Lal Sharma, Aged About 24 Years, By Caste Sharma, Resident Of Gopalpra Beriya, Bhainsrodgarh Police Station, District Chittorgarh (Lodged In Central Jail, Udaipur).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Jagatveer Singh Deora For Respondent(s) : Mr. R.R. Chapparwal, PP HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MS. JUSTICE REKHA BORANA Order 09/01/2023 This is second application for suspension of sentences (SOS) filed on behalf of the appellant.
His first application for SOS was rejected by this Court. Learned counsel for the appellant drew the Court's attention to the judgment passed by the Hon'ble Supreme Court in Saudan Singh Vs. The State of Uttar Pradesh (Criminal Appeal No.308/2022) and the order passed by this Court in Gokul Ram Vs. State of Raj. {D.B. Criminal Misc. III Suspension of Sentence Application (Appeal) No.603/2021, decided on 01.04.2022} and submits that the appellant is in custody from the year 2015 and thus, he deserves indulgence of bail during pendency of the appeal.
Learned Public Prosecutor, has opposed the submissions advanced by the appellant's counsel. He urged that the appellant is the principal offender in the case. His first application for suspension of sentence, being D.B. Criminal Misc Suspension Of (Downloaded on 09/01/2023 at 11:22:08 PM) (2 of 2) [SOSA-227/2022] Sentence Application (Appeal) No. 595/2020, has been rejected by this Court after considering merits of the case. He further pointed out that while arguing the application for suspension of sentence on behalf of co-accused Kanhaiya Lal, the appellant's counsel took a clear stance that the entire overt act is attributed to the appellant herein. On the basis of this submission, the application for SOS filed on behalf of Kanhaiya Lal was accepted. He further points out that the first application for SOS filed on behalf of the appellant was rejected on 21.01.2021. The appellant's counsel filed the second application for SOS in March, 2022 and that is why, the appeal could not be taken up for hearing.
We have considered the submissions advanced by learned counsel Shri Deora and learned Public Prosecutor and have gone through the impugned judgment and the record.
Ex facie, we are of the view that there is significant evidence against the appellant so as to connect him with the murder of Udai Lal. The case of the appellant has already been distinguished with the case of the co-accused Kanhaiya Lal in the order dated 30.05.2019 whereby application for SOS filed on behalf of Kanhaiya Lal was accepted.
In this background, we are not inclined to accept the instant application for SOS which is rejected as being devoid of merits.
The Registry shall forthwith prepare the paper-book and list the appeal for hearing in the month of March, 2023.
(REKHA BORANA),J (SANDEEP MEHTA),J
26-AnilKC/Abhishek/-
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