Prateek Bhandari vs State
2021 Latest Caselaw 18555 Raj

Citation : 2021 Latest Caselaw 18555 Raj
Judgement Date : 7 December, 2021

Rajasthan High Court - Jodhpur

Prateek Bhandari vs State on 7 December, 2021

Bench: Vijay Bishnoi, Anoop Kumar Dhand

(1 of 5) [SOSA-28/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 28/2021

Prateek Bhandari S/o Sh. Anil Kumar Bhandari, Aged About 42 Years, By Caste Jain (Oswal), R/o Kalakhet, Gautam Nagar, Mandsore, District Mandsore (M.p.). (Presently Lodged In Central Jail Udaipur).

----Petitioner Versus State, Through P.p.

----Respondent Connected With D.B. Criminal Appeal (Db) No. 53/2021 Rachna Soni W/o Late Sh. Pradeep Soni, Aged About 45 Years, By Caste Soni, R/o Parakh Colony Station Road, Mandsaur, Madhya Pradesh.

----Petitioner Versus

1. State, Through P.p.

2. Gopal Gwala S/o Sh. Jagdish Pahalwan, Nayapura Road, Karamchari Colony, Mandsaur, Madhya Pradesh.

3. Dashrath @ Dasiya S/o Heeralal Teli, By Caste Teli, R/o Nayapura Road, Karamchari Colony, Mandsaur, Madhya Pradesh.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Pradeep Shah
                               Mr. Sabir Khan
For Respondent(s)        :     Mr. Arun Kumar, PP
For Complainant(s)       :     Mr. Vikram Singh Rajpurohit



           HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

07/12/2021 In D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 28/2021

The applicant-appellant has been convicted and sentenced

vide judgment dated 31.10.2020 passed by the Additional

(2 of 5) [SOSA-28/2021]

Sessions Judge, Banswara in Sessions Case No.464/2014, as

below:

Section 302 r/w Section Life Imprisonment with fine of 120-B of IPC Rs.10,000/- and in default of payment of fine further 6 months' additional S.I.

Section 201 r/w Section 7 years' rigorous imprisonment 120-B IPC and Rs.5,000/- of fine and in default of payment of fine, three months' additional S.I.

Learned counsel, Mr. Pradeep Shah, appearing for the

applicant-appellant has submitted that the allegation against

applicant-appellant of murdering deceased Pradeep Soni is

absolutely false. It is argued that prosecution has failed to prove

the charges against the applicant-appellant, however, learned trial

Court has grossly erred in convicting and sentencing the applicant-

appellant vide impugned judgment. Learned counsel for the

applicant-appellant has further submitted that the trial Court has

held guilty the accused applicant-appellant solely on the basis of

circumstantial evidence, which is not sufficient to prove the guilt

of the accused applicant-appellant. Learned counsel has further

submitted that the trial Court has relied upon the statements of

PW.11-Lokendra, who has stated that in the evening, before

recovery of body of the deceased, he saw the applicant-appellant

with deceased-Pradeep Soni. Learned counsel has submitted that

PW.11-Lokendra, in his cross examination, has admitted that he

was informed by one Rakesh that the deceased was in the

company of applicant-appellant and other co-accused persons in

the evening at 07:30 PM. Learned counsel has also submitted

that said witness Rakesh has not supported the prosecution story

and become hostile. Learned counsel has further argued that this

(3 of 5) [SOSA-28/2021]

Court vide order dated 05.03.2021 has suspended sentence of co-

accused Nandu @ Nand Kishore S/o Sh. Mohan Lal Phulwali,

whose case is standing at the same footing as of the applicant-

appellant. Learned counsel, therefore, submitted that sentence of

applicant-appellant may kindly be suspended.

Per contra, learned Public Prosecutor and learned counsel for

the complainant have vehemently opposed the application for

suspension of sentence.

Learned counsel for the complainant has submitted that the

case of applicant-appellant is distinguishable from the case of co-

accused Nandu @ Nand Kishore, whose sentence has been

suspended by this Court. Learned counsel for the complainant has

further submitted that from testimony of PW.11-Lokendra, it is

clear that deceased was lastly seen in the company of applicant-

appellant and other co-accused persons. Learned counsel for the

complainant has also submitted that the accused applicant-

appellant was not on bail during the trial and in such

circumstances, sentence awarded to the applicant-appellant vide

impugned judgment is not liable to be suspended.

Having heard learned counsel for the parties and after going

through the material available on record and taking into

consideration the fact that sentence of co-accused Nandu @ Nand

Kishore S/o Sh. Mohan Lal Phulwali has already been suspended

by this Court, without expressing any opinion on merits of the

case, we consider it just and proper to suspend the substantive

sentence awarded to the accused appellant.

Accordingly, S.B. Suspension of Sentence (Appeal)

No.28/2021 filed under Sec.389 Cr.P.C. is allowed and it is

ordered that the substantive sentence passed by the trial Court

(4 of 5) [SOSA-28/2021]

vide judgment dated 31.10.2020 in Session Case No.464/2014

against appellant Prateek Bhandari S/o Sh. Anil Kumar Bhandari,

shall remain suspended till final disposal of the aforesaid appeal,

provided he executes a personal bond in the sum of Rs.50,000/-

with two sureties of Rs.25,000/- each to the satisfaction of the

learned trial Judge for his appearance in this Court on 10.01.2022

and whenever ordered to do so, till the disposal of the appeal on

the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.