Rajasthan High Court
Virender Singh Son Of Nihal Singh vs State Of Rajasthan on 20 October, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S. B. Criminal Misc. Suspension of Sentence App. No. 929/2021
In
S.B. Criminal Appeal No. 1508/2021
1. Virender Singh Son Of Nihal Singh,
2. Jagdish Son Of Nihal Singh,
3. Nihal Singh Son Of Balmat,
4. Smt. Brijesh Wife Of Virender Singh,
5. Lakhmi Son Of Nihal Singh,
All Resident Of Nagla Bahua, P.S. Nadbai District
Bharatpur
(Accused In Central Jail, Bharatpur)
----Accused- Appellants
Versus
State Of Rajasthan, Through P.P
----Respondent
For Appellant(s) : Mr. Jai Raj Tantia
For Respondent(s) : Mr. Bhawani Shankar Sharma, PP
Mr. Nitin Jain
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
20/10/2021
1. Heard on application for suspension of sentence.
2. The application for suspension of sentence has been
filed by the appellants against the judgment and order dated
23.09.2021 passed by Additional Sessions Judge No. 3, Bharatpur,
in Sessions Case No. 6/2018 by which the appellants have been
convicted and sentenced as under:-
Under Section 148 of IPC Two years RI with fine of
Rs.2000/- in default to
undergo additional RI of two
months.
Under Section 341 of IPC One month SI with fine of
(2 of 3) [CRLAS-1508/2021]
Rs. 500/- in default to
undergo additional SI of 7
days.
Under Section 323/149 of IPC Six months SI with fine of
Rs. 500/- in default to
undergo additional SI of 15
days.
Under Section 324/149 of IPC Two years RI with fine of
Rs. 2000/- in default to
undergo additional RI of two
months.
Under Section 325/149 of IPC Two years RI with fine of
Rs. 3000/- in default to
undergo additional RI of
three months.
Under Section 307/149 of IPC Five years RI with fine of
Rs. 8000/- in default to
undergo additional RI of Six
months.
It is also ordered to pay compensation, from the fine amount of
Rs. 80,000/- as under:-
Rs. 50,000/- to injured Narayan,
Rs. 20,000/- to injured Vijay Singh,
Rs. 2500/- each to Mohkam and Santra and
the rest amount of fine of Rs. 5000/- to be deposited in Govt.
Treasury.
3. It has been submitted by learned counsel for the
appellants that accused-appellants were on bail during trial. They
are facing trial since last eight years. They have been convicted
and sentenced under Section 307/149 of IPC for which there is no
definite medical opinion about the nature of injuries that those
were dangerous to life. Injury report Ex.P14 was prepared on
17.05.2013 and x-ray report Ex.P17 was also prepared on
17.05.2013, while the medical opinion regarding nature of
injuries, by Ex.P19, has been given on 25.02.2014. According to
which, injuries mentioned may be dangerous to life to the patient.
No definite opinion has been given regarding nature of injury.
(3 of 3) [CRLAS-1508/2021]
Ex.P19 has been prepared after almost nine months of the injury
report, which creates doubt upon the prosecution case.
4. Learned Public Prosecutor assisted by learned counsel
for the complainant have opposed the application for suspension
of sentence and have stated that injured PW3 and PW7 have
received several grievous injuries by blunt as well as sharp
weapons.
5. Taking into consideration the submissions of learned
counsel for the parties, evidence available on record 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.
6. Accordingly, the application for suspension of sentence
is allowed and it is ordered that the sentence awarded to accused-
appellants 1. Virender Singh Son Of Nihal Singh, 2. Jagdish Son Of
Nihal Singh, 3. Nihal Singh Son Of Balmat, 4. Smt. Brijesh Wife Of
Virender Singh and 5. Lakhmi Son Of Nihal Singh, shall remain
suspended till disposal of this criminal appeal and they shall be
released on bail provided each of the appellants 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 their appearance in this Court on
20.11.2021 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Pooja /17
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