Dev Lal Son Of Gopal Lal vs State Of Rajasthan
2021 Latest Caselaw 5702 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     D.B. Criminal Misc. Suspension of Sentence Application
                          No. 687/2021

                                       IN

                D.B. Criminal Appeal No. 116/2019

     Dev Lal S/o Gopal Lal R/o Vill. Gudanthavatan Ps Sadar Dist.
     Bundi At Present In Central Jail Kota
                                                                  ----applicants
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Applicant(s) : Mr. Rinesh Gupta and Mr. Kapli Bhardwaj for Mr. Arvind Kumar Gupta For Complainant(s) : Mr. Eliyas Ali For State : Mr. Javed Chaudhary, Addl G.A.

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment / Order

21/10/2021

1. Matter comes up on an application for suspension of

sentence.

2. Heard on application for suspension of sentence.

3. It is contended by counsel for the applicant that five persons

were tried for offence under Section 302 read with Section 34 IPC

and all were convicted and sentenced for life. It is also contended

that sentence of other co-accused has been suspended by the

High Court. It is also contended that in the parchabayan of the

deceased, the injury assigned to the present applicant is similar to

the injuries which was assigned to the other co-accused. It is

(2 of 2) [SOSA-687/2021]

further contended that applicant has remained in custody for a

period of six years. Disposal of appeal will take time.

4. Learned Public Prosecutor and counsel for the complainant

have opposed the application for suspension of sentence. It is

contended that the allegation of causing injury on the head is on

the present applicant.

5. We have considered the contentions.

6. As per the parchabayan of the deceased, the injuries

attributed to the applicant is similar to the injuries which was

attributed to the other co-accused who were also convicted for

offence under Section 302 read with Section 34 IPC. Applicant has

already remained in custody for a period of six years and the

sentence of other co-accused has been suspended by the Court.

7. Considering the contentions of counsel for the applicant,

application for suspension of sentence is allowed.

8. Accordingly, the application for suspension of sentence is

allowed. It is ordered that the sentence awarded to accused-

applicant in Criminal Case No.137/2016 (C.I.S. No. 107/2015)

shall remain suspended if the applicant furnishes a personal bond

of Rs.1,00,000/- (Rupees One Lac only) together with two sureties

in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to

the satisfaction of the learned trial Court to the effect that he shall

appear before this Court as and when called upon to do so.

(MADAN GOPAL VYAS),J (PANKAJ BHANDARI),J

NIKHIL KR. YADAV /4

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