Ravi Sharma @ Ravi Kumar S/O Hariom ... vs State Of Rajasthan Through Pp
2021 Latest Caselaw 7544 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR
  D.B. Criminal Misc. Suspension of Sentence Application
                            No.239/2019
                                     IN

               D.B. Criminal Appeal No. 250/2018

Ravi Sharma @ Ravi Kumar S/o Hariom Jaiman, Aged About 19
Years, R/o Katalla Mohalla, Malakheda, Police Station Malakheda,
District Alwar, Raj., At Present House No.6, Sanjay Colony, Near
S.m.d. Circle, Alwar, Police Station Aravali Vihar, Alwar, Raj. (At
Present In Central Jail, Alwar).
                                                                 ----Appellant
                                  Versus
State Of Rajasthan Through Pp, Jaipur
                                                               ----Respondent

Connected With D.B. Criminal Misc. Suspension of Sentence Application No.266/2020 IN

D.B. Criminal Appeal (Db) No. 70/2020 Om [email protected] S/o Jai Narayan, Aged About 19 Years, R/o Mishrawali Dhani Tan Pragpura, Police Station Pragpura, Distt. Jaipur (Rural) (Accused Is Confined In Central Jail Alwar)

----Appellant Versus State Of Rajasthan, Through P.p.

                                                               ----Respondent


For Appellant(s)        :     Mr. Gurvindra Singh
                              Mr. Kirodee Lal Meena
For State               :     Mr. Mangal Singh Saini, PP



            HON'BLE MR. JUSTICE PANKAJ BHANDARI

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Judgment / Order

13/12/2021

(2 of 3) [SOSA-239/2019]

1. Accused-appellants have preferred these applications for

suspension of sentence.

2. Heard on applications for suspension of sentence.

3. It is contended by counsel for the appellants that four

persons were identified in test identification parade. Except last

seen evidence, there is no evidence against the appellants. It is

also contended that one of the co-accused-Komal has been

acquitted by the trial Court, whereas, she was also identified by

the witness. It is further contended that appellant-Ravi Sharma

has remained in custody for a period of about nine years and five

months. Except of recovery of vehicle and last seen evidence,

there is no evidence against him. It is also contended that the

vehicle which was stolen and the vehicle which was recovered

were having different chassis number and number plate. It is

further contended that disposal of appeals will take time. Case of

the appellants cannot be distinguished with the case of Komal who

was acquitted by the trial Court. It is also contended that in the

initial statement, it was a case of prosecution that two persons

came on a motorcycle and took a car on rent, however,

subsequently, four persons were identified.

4. Learned Public Prosecutor has opposed these applications for

suspension of sentence. It is contended that the vehicle which was

recovered from Ravi Sharma was the same vehicle which was

driven by the deceased.

5. We have considered the contentions.

6. Taking note of custody period of the appellants of nine years

(3 of 3) [SOSA-239/2019]

and five months also taking note of the fact that one of the co-

accused-Komal was also identified by the last seen evidence and

has been acquitted by the trial Court, we deem it proper to allow

these applications for suspension of sentence.

7. Accordingly, these applications for suspension of sentence

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

applicants in Sessions Case No.32/2021 (18/2012) shall remain

suspended if each of the appellants 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 they shall

appear before this Court as and when called upon to do so.

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

ARTI SHARMA /4-5

Powered by TCPDF (www.tcpdf.org)