Ramkunwar S/O Ranglal vs State Of Rajasthan
2021 Latest Caselaw 7778 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

     S.B. Criminal Misc. Bail (SOS) Application No.1212/2021

                                       In

               S.B. Criminal Appeal No. 1951/2021

1.     Ramkunwar S/o Ranglal, Aged About 32 Years, R/o Boya
       Ka Jhopda Vjaigarh Thana Basoli District Bundi (At
       Present Accused Appellant Confined In Jail Bundi)
2.     Babulal S/o Ranglala, Aged About 30 Years, R/o Boya Ka
       Jhopda Vjaigarh Thana Basoli District Bundi (At Present
       Accused Appellant Confined In Jail Bundi)
                                                                 ----Appellants
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                                                ----Respondent

For Appellant(s) : Mr. Dushyant Singh Naruka For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

17/12/2021

1. Heard on application for suspension of sentence.

2. The appellants have filed the appeal along with application

for suspension of sentence.

3. The appeal has been preferred against the judgment of

conviction and sentence dated 20.11.2021 passed by the Special

Court, SC/ST (Act) Cases Bundi (Raj.) in Session Case No.55/2019

(CIS No.55/2019), by which the appellant No.1 has been

convicted for offences under Sections 307, 326 and 323 of IPC

and appellant No.2 has been convicted for offence under Sections

307/34, 326/34 and 323 of IPC and sentenced to maximum term

(2 of 3) [CRLAS-1951/2021]

of ten years.

4. It has been submitted by learned counsel for the appellants

that they have been falsely implicated in this case. They have

been convicted for offences under Sections 307, 326, 307/34 and

326/34 of IPC and sentenced to maximum term of ten years of

imprisonment. There are material contradictions and infirmities in

the prosecution evidence. Prosecution has examined two Doctors

PW-1-Dr. Gopal Lal Meena and PW-10-Dr. Udai Bhomik but there is

no evidence on record to prove that the injury caused to the

injured Ramraj was dangerous to life. There are material

contradiction in the evidence of injured himself. During trial, the

appellants were on bail. Now, they are in judicial custody. Hearing

of the appeal may take long time.

5. Heard learned counsel for the parties and scanned the

evidence available on record carefully.

6. Learned Public Prosecutor has opposed the application for

suspension of sentence.

7. Taking into consideration the submissions of learned counsel

for the appellants, evidence available on record and overall facts

and circumstances of the case but without commenting upon

detailed merits of the case, this Court deems it just and proper to

allow the application for suspension of sentence.

8. Accordingly, the application for suspension of sentence is

allowed and it is ordered that the sentence awarded to accused-

appellants (1) Ramkunwar S/o Ranglal and (2) Babulal S/o

Ranglala shall remain suspended till disposal of this criminal

appeal and they shall be released on bail, provided each of the

(3 of 3) [CRLAS-1951/2021]

appellants furnishes a personal bond of Rs.1,00,000/- (One Lakh)

and two sureties of Rs.50,000/- (Fifty Thousand) each to the

satisfaction of the learned trial court for their appearance in this

Court on 17th January, 2022 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Sunita/58

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