Citation : 2021 Latest Caselaw 6038 Raj/2
Judgement Date : 27 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.b. Criminal Misc. (SOS) Application No.911/2021
In
S.B. Criminal Appeal No. 1488/2021
1. Jodhraj Son Of Pannalal, Aged About 22 Years, Resident
Of Digod Paar, Police Station Kishanganj, District Baran
(Raj.) (At Present In District Jail, Baran)
2. Chetan @ Chetanprakash Son Of Onkar Kumhar, Aged
About 25 Years, Resident Of Digod Paar, Police Station
Kishanganj, District Baran (Raj.) (At Present In District
Jail, Baran)
3. Chandramohan @ Chandu Son Of Ghasilal, Aged About 19
Years, Resident Of Digod Paar, Police Station Kishanganj,
District Baran (Raj.) (At Present In District Jail, Baran)
4. Vinod Son Of Keshrilal, Aged About 22 Years, Resident Of
Digod Paar, Police Station Kishanganj, District Baran
(Raj.) (At Present In District Jail, Baran)
----Appellants
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Jagdish Nagar
For Respondent(s) : Mr. Bhawani Shankar Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Judgment
27/10/2021
Heard on application for suspension of sentence.
The appellants have filed the appeal along with application
for suspension of sentence.
The appeal has been preferred against the judgment of
conviction and sentence dated 13.09.2021 passed by the Court of
(2 of 3) [SOSA-911/2021]
Additional District & Sessions Judge, No.2, Baran (Raj.) in
Sessions Case No.15/2019 (CIS No.95/17), by which the appellant
No.1-Jodhraj has been convicted under Sections 450, 307, 323/34
and 325/24 of IPC and appellants No.2 and 3 Chetan @
Chetanprakash and Chandramohan @ Chandu have been
convicted for the offences under Sections 450, 307/34, 323,
325/34 of IPC and appellant No.4-Vinod has been convicted for
the offences under Sections 450, 307/34, 323/34 and 325 of IPC
and sentenced to maximum term of Seven years imprisonment.
It has been submitted that the appellants have been
convicted for offence under Sections 450 and 307 of IPC and
sentenced to maximum term of Seven years imprisonment. All
the injuries caused are simple in nature. Injured-Nemichand had
received grievous injury on the middle finger and no injury
dangerous to life has been caused to any injured person. As per
certificate under Rule 311(3) of the Rajasthan High Court Rules,
the appellants were on bail during trial. Presently, they are
confined in judicial custody since 13.09.2021.
Heard learned counsel for the parties and scanned the
evidence available on record carefully.
Learned Public Prosecutor has opposed the application for
suspension of sentence.
Taking into consideration the submissions of learned counsel
for the appellants 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 application for
suspension of sentence.
(3 of 3) [SOSA-911/2021]
Accordingly, the application for suspension of sentence is
allowed and it is ordered that the sentence awarded to accused-
appellants (1) Jodhraj Son Of Pannalal (2) Chetan @
Chetanprakash Son Of Onkar Kumhar (3) Chandramohan @
Chandu Son Of Ghasilal and (4) Vinod Son Of Keshrilal, shall
remain suspended till disposal of this criminal appeal and they
shall be released on bail, provided each of the appellant 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 his
appearance in this Court on 29th November, 2021 and as and when
called upon to do so.
(MANOJ KUMAR VYAS),J
Sunita/25
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