Rajeev S/O Birbal vs State Of Rajasthan
2021 Latest Caselaw 7065 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 1036/2021

                                        IN

                S.B. Criminal Appeal No. 1687/2021

Rajeev   S/o    Birbal,     Aged       About       27     Years,     Resident    Of
Mothiyapura, Police Station Sadar Hindaun, District Karauli
Rajasthan (At Present Confined In Central Jail Bharatpur )
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent

For Appellant(s)          :     Mr. Vijay Singh Yadav
For Respondent(s)         :     Mr. Imran Khan, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                     Order

30/11/2021

1. Heard on application for suspension of sentence.

2. The appellant has filed the appeal along with

application for suspension of sentence.

3. The appeal has been preferred against the judgment

dated 08.10.2021 passed by court of learned Additional Session

Judge, Karauli in Session Case No. 31/2015 (58/13) by which the

appellant has been convicted for offence/s under Sections 323,

341, 304/34 IPC and sentenced to maximum term of seven years

imprisonment.

4. It has been submitted by learned counsel for the

appellant that appellant has been sentenced to maximum term of

(2 of 3) [SOSA-1036/2021]

seven years imprisonment for offence under Section 304 IPC.

During trial, appellant was on bail. He has already served more

than two years and six months of sentence. There was no injury

on the vital part of the body. Injuries were caused by blunt

weapon. Learned counsel has referred to statements of the PW15

Dr. Amar Singh, who prepared the injury report in which total nine

injuries were detailed. It is further submitted that PW23

Dr. Priyanka Sharma has prepared the post-mortem report of the

deceased and in the post-mortem report total 23 injuries have

been shown. PW23 has admitted in her cross examination that

fractures were in the bones of hand and leg. No injury was

caused by sharp weapon. PW23-Dr. Priyanka Sharma has not

disclose the cause of death in the post-mortem report and it is

also admitted that she has not gone through the Histopathology

report. Hearing of the appeal may take long time.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the parties and scanned the

evidence available on record.

7. Taking into consideration the submissions of learned

counsel for the parties, evidence available on record, sentence

undergone by the appellant and overall facts and circumstances of

the case but without commenting upon merits of the case, this

Court deems 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-

(3 of 3) [SOSA-1036/2021]

appellant Rajeev S/o Birbal shall remain suspended till disposal of

this criminal appeal and he shall be released on bail provided the

appellant 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 his appearance in this

Court on 03.01.2022 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja/51

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