Rajasthan High Court
Suresh Kumar @ Vikram Aaher S/O ... vs State Of Rajasthan on 25 November, 2021
Bench: Prakash Gupta, Uma Shanker Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Cr. Misc. Suspension of Sentence Application No.1031/2020
In
D.B. Criminal Appeal No. 229/2020
Suresh Kumar @ Vikram Aaher S/o Prabhu Dayal, Aged About 42
Years, R/o Burla Ki Dhani, Tan Nyorana, Police Station Patan,
Distt. Sikar Raj.(Petitioner Is In Central Jail Of Sikar)
----Appellant/appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Virendra Kumar Bakshi, Advocate
For Respondent(s) : Ms. Rekha Madnani, PP
HON'BLE MR. JUSTICE PRAKASH GUPTA
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
25/11/2021
This suspension of sentence application has been filed
by the accused appellant under Section 389 CrPC.
Learned counsel for the accused applicant submits that
the accused applicant has been falsely convicted merely on the
basis of suspicion. He further submits that there is no evidence
that foot-prints were taken at the time of incident and they were
of the accused applicant. In-fact the accused applicant does not
wear the shoes. The construction work was going on the place of
incident, where many bricks and stones were lying and number of
persons were present at the place of occurrence. He further
submits that the accused applicant was a servant of deceased
Baba Bhagwat Giri and there was no previous enmity between
(2 of 3) [1031 SOS 2020 in CRLAD-229/2020]
them. He has also drawn the attention of the Court towards the
statement of PW-12 Kailash Chand, PW-13 Dharmendra and PW-
24 Ashok and submits that there are material contradictions with
regard to recovery of money and mobile from the accused
applicant. There is no evidence on record, which would show that
the mobile phone and money recovered, were of the deceased. He
further submits that in FSL report, the blood found on the clothes
of the accused applicant did not match with the blood found on
the brick, alleged to have been used in committing the offence
and/or the blanket and towel of the deceased Baba Bhagwat Giri.
The chain of circumstantial evidence is not complete. He further
submits that the accused applicant is behind the bars since the
past 4 1/2 years and the disposal of the appeal is likely to take
long time, hence he may be enlarged on bail.
On the other hand, learned PP appearing for the State
has opposed the same.
Taking into consideration the facts and circumstances of
the case and more particularly in view of the fact that there is no
evidence that the mobile phone and money recovered were of the
deceased as also inconclusive FSL report with regard to blood
found on the clothes of the accused applicant and the blood found
on the brick, alleged to have been used in committing the offence
and/or the blanket and towel of the deceased Baba Bhagwat Giri,
without expressing any opinion on the merits and demerits of the
case, we are inclined to suspend the sentence of the accused
applicant.
(3 of 3) [1031 SOS 2020 in CRLAD-229/2020]
Accordingly, this suspension of sentence application is
allowed and it is ordered that the sentence awarded to the
accused applicant Suresh Kumar S/o Vikram Aaher S/o Prabhu
Dayal by the trial court vide judgment dated 28.7.2020 in
Sessions Case No. 26/2017 shall remain suspended during the
pendancy 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 21st
December, 2021 and thereafter as and when called upon to do so.
(UMA SHANKER VYAS),J (PRAKASH GUPTA),J
DK/15
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