Bharosi S/O Jhandu vs State Of Rajasthan
2022 Latest Caselaw 1672 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR
     D.B. Criminal Misc. Suspension of Sentence Application
                          No.1346/2021
                               IN
               D.B. Criminal Appeal No. 229/2021
1.       Bharosi S/o Jhandu
2.       Umesh @ Omsingh S/o Bharosi
         All are residents of Shyaroli, Police Station Vajeerpur,
         District Sawaimadhopur (Accused Confined In District Jail
         Sawaimadhopur)
                                                                  ----Appellants
                                   Versus
State Of Rajasthan, Through P.p
                                                                 ----Respondent

For Appellant(s) : Mr. Mohammed Rahil Kalam For Respondent(s) : Mr. Anurag Sharma Mr. Sharma Harsh Raj Ms. Sushma For State : Ms. Rekha Madnani, Addl. Govt. Adv.

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Judgment / Order 22/02/2022

1. Accused-applicants have preferred this application for

suspension of sentence.

2. Heard on application for suspension of sentence.

3. It is contended by counsel for the applicants that applicant

Bharosi is aged above seventy five years. As per the statement of

witnesses, the allegation against Bharosi is of causing injury on

the eye of the deceased, whereas there is no injury caused on eye

of the deceased. It is also contended that the allegation against

Umesh was of causing injury on the head of the deceased,

however, before the Court, the injury caused on the head of the

deceased was assigned to Roop Singh. It is further contended that

(2 of 2) [SOSA-1346/2021]

the applicants were on bail during trial.

4. Counsel for the complainant and learned Additional

Government Advocate have opposed the application for

suspension of sentence. It is contended that the accused-

applicants obstructed water channel running from their filed and

when the complainant side went to regulate the water supply

through channel, they were mercilessly beaten by the accused

side and one of the person had expired in the incident.

5. We have considered the contentions.

6. Taking note of the age of Applicant No.1 Bharosi and also

taking note of the fact that the injury which has resulted into

death is assigned to co-accused-Roop Singh who is not before us

in this application and also taking note of the fact that both the

applicants were on bail during trial, we deem it proper to allow the

application for suspension of sentence.

7. Accordingly, the application for suspension of sentence is

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

applicants in Sessions Case No.12/2013 (CIS No.202/2014) shall

remain suspended if each of the applicants 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

they shall appear before this Court as and when called upon to do

so.

(ANOOP KUMAR DHAND),J (PANKAJ BHANDARI),J ARTI SHARMA /26

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