Rajasthan High Court - Jodhpur
Bhawani Singh vs State Of Rajasthan on 3 February, 2022
Bench: Manoj Kumar Garg, Rameshwar Vyas
(1 of 3) [SOSA-725/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 725/2021
Bhawani Singh S/o Sh. Mod Singh, Aged About 55 Years, B/c
Rajput, R/o Village Bhandu Kalan, Police Station Jhanwar, District
Jodhpur. (Petitioner Is On Interim Bail And At Present Admitted
In Aryan Hospital And Research Centre, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rajesh Joshi, Sr. Advocate
assisted by Mr. Vinok Kumar Sharma,
through VC
For Respondent(s) : Mr. Anil Joshi, AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
03/02/2022
This is fourth application for suspension of sentence filed by
the appellant on merit as well as medical ground.
Counsel for the appellant submits that the third bail
application for suspension of sentence was dismissed on merits by
this Court on 08.02.2021. Counsel submits that the accused
appellant is suffering from HIV+(AIDS) since 2008 and he is also
suffering from lungs ailment and presently admitted in Kamla
Nehru T.B. Hospital, Jodhpur. In this weak condition, one
attendant is required to look-after him. Counsel prays that looking
to the health condition of the appellant, his sentence may be
suspended. In support of his contention, counsel has relied upon
(2 of 3) [SOSA-725/2021]
the judgment of Hon'ble Supreme Court in the case of Shankar
Khandelwal Vs. State of Rajasthan, Cr. Appeal Nos.545-547
of 2021, decided on 02.07.2021.
Learned Additional Advocate General has vehemently
opposed the application for suspension of sentence.
We have considered the arguments advanced before us and
also perused the material available on record.
The third application for suspension of sentence was
dismissed on merits by this Court on 08.02.2021 wherein each
and every aspect of the matter was discussed including the fact
that as many as 17 criminal cases are pending against the
accused-appellant and specific allegation has been levelled against
the appellant for causing injuries by gunshot to Mool Singh and
Ganga Singh. After dismissal of third application, there is no
change in circumstances.
So far as the medical condition of the accused appellant is
concerned, a medical report dated 02.02.2022 received from the
concerned Hospital has been produced by the learned AAG, in
which it has been mentioned that the appellant is suffering from
COPD with Acute Exacerbation with Pulmonary Hypertension with
cor pulmonale with Systemic Hypertension with PLWHA. It has
been further mentioned that the health condition of the appellant
has improved and now he is able to walk, though after walking
some distance, he faces difficulty in breathing. It has nowhere
been mentioned in the report that the health condition of
appellant has deteriorated as the said condition existed even on
08.02.2021 when the third application for suspension of sentence
was considered and rejected.
(3 of 3) [SOSA-725/2021]
In these circumstances, the contention of counsel for the
appellant that the condition of the appellant is deteriorating is
unfounded.
So far as the judgment relied upon by the counsel for the
appellant is concerned, it does not help the appellant in any
manner as in the said case, the accused was required to undergo
a spine surgery and the accused was not in a position to even
walk and he required two or more persons to look-after him. The
present case is distinguishable from the case relied upon by the
counsel for the appellant.
In the totality of circumstances, we are not inclined to
suspend the sentence of the appellant.
Accordingly, the fourth application for suspension of sentence
is hereby rejected on merits as well as considering the medical
ground.
(RAMESHWAR VYAS),J (MANOJ KUMAR GARG),J
1-MS/-
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