Rajasthan High Court
Prince Kumar Son Of Shri ... vs State Of Rajasthan on 8 November, 2021
Bench: Prakash Gupta, Uma Shanker Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Cr. Misc. Bail (Suspension of Sentence) Application No.
985/2021
In
D.B. Criminal Appeal No. 146/2021
Prince Kumar Son Of Shri Kamalkishore Singh, Aged About 24
Years, Resident Of House No. E-96, Gharonda Scheme, Pratap
Nagar, Sanganer, Jaipur (Rajasthan) (Presently Confined In
Central Jail, Jaipur)
----Appellant
Versus
State Of Rajasthan, Through P.P
----Respondent
For Appellant(s) : Mr. Rajneesh Gupta, Advocate
For Respondent(s) : Mr. S.S. Hora, Advocate
Mr. Rajendra Yadav, AAG cum GA
Mr. Javed Choudhary, PP
HON'BLE MR. JUSTICE PRAKASH GUPTA
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
08/11/2021
This suspension of sentence application has been filed
under Section 389 CrPC.
Learned counsel for the appellant submits that
sentence of co-accused Mahaveer Sharma has already been
suspended by the Coordinate Bench of this Court vide its order
dated 22.9.2021 in D.B. Cr. Suspension of Sentence Application
No. 860/2021. Similarly, sentence of co-accused persons Mahesh
Kumar Meena and Ram Kishor @ R.K. has also been suspended by
the Coordinate Bench of this Court vide its order dated 24.9.2021
(2 of 3) [985 SOS 2021 in CRLAD-146/2021]
in D.B. Cr. Misc. Suspension of Sentence Application No. 924/2021
in D.B. Cr. Appeal No. 129/2021 and D.B. Cr. Misc. Suspension of
Sentence Application No. 925/2021 in D.B. Cr. Appeal No.
130/2021. The case of the accused applicant is similar to those
co-accused persons whose sentence has already been suspended.
He further submits that PW-23 Ramesh Chand Sharma has not
supported the prosecution case. He further submits that the trial
court has given a finding that appellant was in constant touch with
the accused persons and there was a call detail also, but that itself
is not sufficient to prove the theory of conspiracy. He has drawn
the attention of the Court towards the statement of PW-2 Govind
Narayan Sharma, PW-19 Ram Avtar Sharma, PW-20 Sharwan,
PW-21 Narayan and submits that the accused appellant is innocent
and he has been falsely implicated in this matter. He further
submits that the accused appellant was on bail during trial, hence
his sentence should be suspended.
On the other hand, learned AAG cum GA assisted by
counsel for the complainant have opposed the same. Learned
counsel for the complainant submits that the case of the accused
appellant is distinguishable to other co-accused persons, who have
been granted bail. In support of his submissions, he has placed
reliance on the judgment passed by the Hon'ble Apex Court in the
case of Ramesh Bhavan Rathod Versus Vishanbhai Hirabhai
Makwana (Koli) and Another reported in (2021) 16 Supreme Court
Cases 230.
On a query from the counsel for the complainant as to
how the case of the accused appellant is distinguishable to other
co-accused persons, he has failed to give any justified reason.
Heard. Considered.
(3 of 3) [985 SOS 2021 in CRLAD-146/2021]
Taking into consideration the facts and circumstances of
the case and more particularly in view of the fact that sentence of
other co-accused persons, whose case is similar to the accused
appellant, has already been suspended by the Coordinate Benches
of this Court, as mentioned above, and accused appellant was on
bail during trial, we are inclined to suspend the sentence of the
accused appellant.
Accordingly, the suspension of sentence is allowed and
it is directed that the sentence awarded to the accused appellant
Prince Kumar S/o Shri Kamalkishore Singh by the trial court vide
judgment dated 7.9.2021 passed in Sessions Case no. 21/2017
shall remain suspended till disposal of the appeal, provided he
furnishes a personal bond in the sum of Rs. 1,00,000/- with two
sureties in the sum of Rs. 50,000/- each to the satisfaction of the
trial court with the stipulation that he shall appear before this
Court on 8.12.2021 and thereafter as and when called upon to do
so.
(UMA SHANKER VYAS),J (PRAKASH GUPTA),J
DK/7
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