Rajasthan High Court
Sher Singh @ Kadu @ Kalu S/O Shri ... vs State Of Rajasthan on 30 November, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Bail (Suspension of Sentence)
Application No.666/2021
In
S.B. Criminal Appeal No. 1210/2021
Sher Singh @ Kadu @ Kalu S/o Shri Malkhe @ Bhorya, Aged
About 27 Years, Resident Of Aadi Hudpura, P.S. Sadar Karauli,
District Karauli (Raj.)
(Presently In District Jail At Karauli)
----Accused-Appellant-Applicant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Anurag Sharma
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
30/11/2021
Heard on application for suspension of sentence.
The appellant has filed the appeal along with application for
suspension of sentence.
This appeal has been preferred against the judgment of
conviction and sentence dated 06.08.2021 passed by the Court of
Additional Sessions Judge, Karauli in Sessions Case No.20/2019,
by which the appellant has been convicted under Section 307 of
IPC and Section 3/25 of the Arms Act and sentenced to maximum
term of ten years.
(2 of 3)
It has been submitted by learned counsel for the appellant
that the appellant has been falsely implicated in the case. The
injury has been caused on non-vital part of the body. P.W.2-Dr.
Jokhram has stated that injuries No.1 and 2 were grievous in
nature but they were not sufficient to cause death. He has further
stated in the cross-examination that this possibility cannot be
ruled out that the injury was caused in the scuffle due to
accidental fire by fire-arm. P.W.13, eye witness-Bhagwan Singh
has turned hostile. He has not supported the prosecution case.
P.W.17 has stated that he reached at the place of occurrence after
Bhagwan Singh but Bhagwan Singh has been declared hostile.
P.W.18-Bharat has admitted that the incident occurred due to
accidental fire in a scuffle between the deceased and the
appellant. Medical report does not support the prosecution case.
There was no intention to cause death.
It has further been submitted that during trial, the appellant
was on bail and now, he is in judicial custody since last about
more than six months. Hearing of appeal is likely to take long
time.
Learned Public Prosecutor has opposed the application for
suspension of sentence.
Heard learned counsel for the parties and scanned the
evidence available on record carefully.
Taking into consideration the submissions of learned counsel
for the appellant, overall facts and circumstances of the case but
without commenting upon detailed merits of the case, this Court
deems just and proper to allow the application for suspension of
sentence.
(3 of 3)
Accordingly, the application for suspension of sentence is
allowed and it is ordered that the sentence awarded to accused-
appellant Sher Singh @ Kadu @ Kalu S/o Shri Malkhe @
Bhorya shall remain suspended till disposal of this criminal appeal
and he be released on bail, provided the appellant furnishes a
personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/-
each to the satisfaction of the learned trial court for his
appearance in this Court on 03rd January, 2022 and as and when
called upon to do so.
(MANOJ KUMAR VYAS),J
Aks/Hemant/-36
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