Mahendra Kumar S/O Mohan Lal vs State Of Rajasthan
2021 Latest Caselaw 5708 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

        S.B. Criminal Misc. Bail Application No.890/2021

              (Suspension of Sentence Application)

                                       In

               S.B. Criminal Appeal No. 1459/2021

Mahendra Kumar S/o Mohan Lal, Resident Of Gainta Road, Police
Station Itawa, District Kota (Raj.)
(At Present Confined In Central Jail, Kota)
                                                         ----Accused-Appellant
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

Connected With S.B. Criminal Misc. Bail (Suspension of Sentence)

Application No.858/2021

In S.B. Criminal Appeal No. 1421/2021 Lekhraj Nagar S/o Bajrang Lal, R/o Gainta Road, Itawa, Police Station Itawa, District Kota (Raj.) (At Present Lodged In Central Jail, Kota).

----Accused-Appellant Versus State Of Rajasthan, Through The Public Prosecutor.

----Respondent

For Appellant(s) : Mr. Rajveer Sharma Mr. R.P. Vijay For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

21/10/2021

Heard on applications for suspension of sentence.

(2 of 3) [CRLAS-1459/2021]

These applications have been filed by the appellants seeking

suspension of sentence passed by Additional Sessions Judge No.6,

Kota, in Sessions Case No.75/2012 (CIS No.87379/2014),

whereby the learned trial court has, vide judgment dated

07.09.2021, convicted the appellants and sentenced as under :-

U/s 304 Part-II of IPC - Simple imprisonment of five years

It has been submitted on behalf of counsel for the appellants

that appellant-Mahendra was not an employee of the Electricity

Department. He had no role in the incident. Deceased was

working without any authority on the electric pole. The death

occurred due to his own negligence. Appellant-Lekhraj had not

authorized the deceased to work on the electric pole. There is no

cogent and reliable evidence on record to connect the appellants

with the crime. Investigating Officer has not been examined

during trial. There are material contradictions in the evidence of

prosecution witnesses. Decision of appeals will take considerable

time.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Learned Public Prosecutor has opposed the applications for

suspension of sentence.

Taking into consideration the submissions of learned counsel

for the appellants, evidence available on record and 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 applications for suspension of sentence.

(3 of 3) [CRLAS-1459/2021]

Accordingly, the applications for suspension of sentence are

allowed and it is ordered that the sentence awarded to accused-

appellants Mahendra Kumar S/o Mohan Lal and Lekhraj

Nagar S/o Bajrang Lal shall remain suspended till disposal of

criminal appeals and they shall be released on bail, provided each

of them furnishes a personal bond of Rs.50,000/- and two sureties

of Rs.25,000/- each to the satisfaction of the learned trial court for

their appearance in this Court on 22 nd November, 2021 and as and

when called upon to do so.

(MANOJ KUMAR VYAS),J

Hemant/63-64

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