Raghuveer S/O Radhakishan vs State Of Rajasthan
2022 Latest Caselaw 605 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     D.B. Criminal Misc. Suspension of Sentence Application No.
                             1038/2021

                                       In

                 D.B. Criminal Appeal No. 162/2021

1.       Raghuveer S/o Radhakishan, Aged About 41 Years,
         Resident of Hingoniya, Police Station Mangrole, District
         Baran (At Present In Central Jail, Kota)
2.       Mohan Lal S/o Ram Gopal, Aged About 47 Years,
         Resident of Hingoniya, Police Station Mangrole, District
         Baran (At Present In Central Jail, Kota)
3.       Ram Dayal S/o Ram Gopal, Aged About 38 Years,
         Resident of Hingoniya, Police Station Mangrole, District
         Baran (At Present In Central Jail, Kota)
4.       Rameshwar S/o Ram Pratap Alias Pratap, Aged About
         52   Years,   Resident        of     Hingoniya,        Police   Station
         Mangrole, District Baran (At Present In Central Jail,
         Kota)
                                                                 ----Appellants
                                   Versus
State Of Rajasthan, Through P.P
                                                                ----Respondent

For Appellant(s) : Mr. Arvind Kumar Gupta, Advocate through VC For Respondent(s) : Mr. Javed Chaudhary, PP for the State None for the complianant

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE BIRENDRA KUMAR

Judgment / Order

24/01/2022

(2 of 3)

Heard on application for Suspension of Sentence for grant

of bail filed by the appellants-Raghuveer, Mohan Lal, Ram Dayal

and Rameshwar.

Learned counsel for the appellants would argue that the

FIR and the evidence of the prosecution witnesses renders the

case highly doubtful whether the alleged unlawful assembly was

formed with the common object of murder of Rajaram. Even

according to the prosecution, the gun shot is said to be fired by

co-accused Chagan Lal and no firearm has been seized from the

possession of the appellants and in so far as assault on

deceased is concerned, no specific allegation on the appellants

assaulting the deceased is proved by clinching and reliable

evidence. One of the appellants Ram Dayal has undergone more

than five years of jail sentence by now, whereas, other

appellants are in jail since the date of their conviction.

On the other hand, learned state counsel would submit

that the conviction of the appellants and all the co-accused is

based on the finding recorded by the Trial Court that all the

appellants including others had formed unlawful assembly with

common object of murder in furtherance of which one of the

accused fired gun shot resulting in death of the deceased.

Taking into consideration the submissions of learned

counsel for the parties and the material available on record, we

are inclined to allow the application for suspension of sentence.

Accordingly, application for suspension of sentence and

grant of bail is allowed. It is directed that substantive jail

sentence awarded to the appellants- Raghuveer, Mohan Lal,

Ram Dayal and Rameshwar shall remain suspended and they

(3 of 3)

shall be released on bail on each of them furnishing a personal

bond of Rs.25,000/- alongwith two local sureties of the like

amount to the satisfaction of the trial court, for their

appearance before the concerned trial court on 15.03.2022 and

on all such further dates as may be directed by the said court,

interval being not less than one year, during the pendency of

the appeal.

List the appeal for final hearing.

(BIRENDRA KUMAR),J (MANINDRA MOHAN SHRIVASTAVA),J

Mohita /40

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