Dharmendra Singh Son Of Shri Vijay ... vs State Of Rajasthan
2021 Latest Caselaw 7498 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

     D.B. Criminal Misc. Second Application for Suspension of
                     Sentence No. 1201/2021
                                       IN
                D.B. Criminal Appeal No. 520/2016

Dharmendra Singh S/o Shri Vijay Singh, R/o Devkapura, Majra
Moroli, Police Station Kotwali, Dholpur at present Chenpura,
Police Station Gadi Bajna, District Bharatpur (Raj.)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan Through Pp
                                                                 ----Respondent

For Appellant(s)          :     Mr. Anil Jain
For Respondent(s)         :     Mr. Javed Choudhary, Addl. G.A.



            HON'BLE MR. JUSTICE PANKAJ BHANDARI

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Judgment / Order

10/12/2021

1. Heard on second application for suspension of sentence.

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

has remained in custody for a period of eight and a half years.

Appellant was convicted with the aid of Section 149 of IPC. The

main accused Bhola is still facing trial. It is also contended that

the deceased received a single gunshot injury and there was no

other injury on the person of the deceased. It is further argued

that, from the statement of all witnesses, it is evident that they

have inserted the name of the appellant on the saying of the

police.

3. Learned Additional Government Advocate has opposed the

(2 of 2) [CRLA-520/2016]

second application for suspension of sentence. It is contended that

appellant has criminal antecedents, to which counsel for the

appellant has stated that appellant stands acquitted in four cases.

4. We have considered the contentions.

5. In view of the fact that the main allegation of opening fire on

the deceased is on Bhola and appellant has been convicted with

the aid of Section 149 IPC and also taking note of the fact that

appellant has remained in custody for a period of eight and a half

years and considering the contentions of counsel for the appellant,

this second application for suspension of sentence is allowed.

6. Accordingly, the second application for suspension of

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

accused-applicant in Sessions Case No.57/2013 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

NIKHIL KR. YADAV /10

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