Dileep Kumar vs State Of Rajasthan
2021 Latest Caselaw 15666 Raj

Citation : 2021 Latest Caselaw 15666 Raj
Judgement Date : 18 October, 2021

Rajasthan High Court - Jodhpur

Dileep Kumar vs State Of Rajasthan on 18 October, 2021

Bench: Devendra Kachhawaha

(1 of 3) [CRLR-715/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Bail/Suspension of Sentence Petition No. 212/2021 In S.B. Criminal Revision Petition No. 715/2021

1. Dileep Kumar S/o Surja Ram, Aged About 41 Years, B/c Bavari, R/o Jagdevala, Police Station Jamsar, District Bikaner. (Lodged at Central Jail, Bikaner)

2. Mahaveer S/o Surja Ram, Aged About 33 Years, B/c Bavari, R/o Jagdevala, Police Station Jamsar, District Bikaner. (Lodged at Central Jail, Bikaner)

----Petitioners Versus State of Rajasthan through PP

----Respondent

For Petitioner(s) : Mr. Pradeep Choudhary For Respondent(s) : Mr. Arun Kumar, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

18/10/2021 Issue notice.

Learned Public Prosecutor accepts notice on behalf of the

State. Hence, notice need not be issued. Record has already been

received.

Heard learned counsel for the petitioners and learned Public

Prosecutor on application of suspension of sentence (revision)

No.212/2021.

Learned counsel for the petitioners stated that there is no

eye witness in this case; date and time has not been mentioned in

Ex.P/3; there is no evidence which proves that recovery place is

(2 of 3) [CRLR-715/2021]

the house belonged to the petitioners; petitioners have been

convicted only on the basis of presumption under Section 106 of

the Evidence Act; during trial, accused-petitioners were on bail

and disposal of the revision petition will take time.

Per contra, learned Public Prosecutor opposed the arguments

advanced by learned counsel for the petitioners and stated that

accused-petitioners were arrested on the spot with knife and meat

has also been recovered from the petitioners and it has also been

verified by PW-6 - Dr. Naresh which is at para 24 of the judgment.

Upon consideration of the arguments advanced on behalf of

the petitioners and having regard to the facts and circumstances

of the case and the fact that hearing of the revision will take time,

without expressing any opinion on merit or demerit of this case,

this Court is of the opinion that it is a fit case for suspending the

sentence awarded to the accused-petitioners.

Accordingly, the application for suspension of sentence

(revision) No.212/2021 filed under Section 397/401 Cr.P.C. is

allowed and it is ordered that the sentence passed by the learned

Judicial Magistrate No.3, Bikaner in Criminal Case No.02/2009 vide

order dated 28.11.2016 as affirmed by the learned Additional

Sessions Judge No.7, Bikaner vide order dated 25.08.2021 in

Criminal Appeal No.02/2020 against the petitioners - applicants -

(1) Dileep Kumar S/o Surja Ram and (2) Mahaveer S/o

Surja Ram, shall remain suspended till final disposal of the

aforesaid revision and he shall be released on bail, provided each

of them executes a personal bond in the sum of ₹ 50,000/- (Fifty

Thousand Rupees) with two sureties of ₹ 2 5,000/- (Twenty Five

Thousand Rupees) each to the satisfaction of the learned trial

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Judge for their appearance in this court on 18.11.2021 and

whenever ordered to do so, till the disposal of the revision on the

conditions indicated below:-

1. That they will appear before the trial Court in the month of January of every year till the revision is decided.

2. That if the applicants changes the place of residence, they will give in writing his changed address to the trial Court as well as to the counsel in the High Court.