Gopal Lal Son Of Shri Prabhu Nath vs State Of Rajasthan
2021 Latest Caselaw 7490 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR
     D.B. Criminal Misc. Suspension of Sentence Application
                             No.1097/2021
                                      IN

               D.B. Criminal Appeal No. 339/2018

Gopal Lal Son Of Shri Prabhu Nath, R/o Mansipura Bavdi Kheda
Police Station Hindoli district Bundi. At present in Central Jail,
Kota.
                                                                  ----Appellant
                                    Versus
State Of Rajasthan through the PP
                                                                ----Respondent

For Appellant(s) : Mr. Harendra Singh with Mr. Rajesh Choudhary For State : Mr. Javed Choudhary, Addl. Govt. Adv.

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Judgment / Order

10/12/2021

1. Accused-appellant has preferred this application for

suspension of sentence.

2. Heard on application for suspension of sentence.

3. It is contended by counsel for the appellant that the

allegation against the appellant is of causing injury with an axe.

No sharp injury was sustained by the deceased and the injured. It

is also contended that the injured in his Court statement has

stated that he was not knowing the appellant prior to the incident.

It is also contended that appellant has remained in custody for

more than seven years, including remission.

4. Learned Additional Government Advocate has opposed the

(2 of 2) [SOSA-1097/2021]

application for suspension of sentence.

5. We have considered the contentions.

6. Taking note of the fact that the allegation against the

appellant is of causing injury with an axe. No sharp injury is

caused on the person of the deceased as well as on the person of

the injured. FSL Report was also inconclusive and appellant has

remained in custody for more than seven years, including

remission, hence, we deem it proper to allow the application for

suspension of sentence.

7. Accordingly, the application for suspension of sentence is

allowed. It is ordered that the sentence awarded to accused-

applicant in Sessions Case No.30/2016 (CIS No.34/2016) shall

remain suspended if the appellant 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.

(CHANDRA KUMAR SONGARA),J (PANKAJ BHANDARI),J

ARTI SHARMA /15

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