Sandeep S/O Rajesh vs State Of Rajasthan
2022 Latest Caselaw 2195 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

     D.B. Criminal Miscellaneous Bail (Suspension of Sentence)
                      Application No.187/2022

                                       In

                D.B. Criminal Appeal No. 232/2021

Sandeep S/o Rajesh, R/o Totahedi, Police Station Nangal
Chaudhary, District Mahendragarh, Haryana
(Presently confined in District Jail Dausa and in Custody from
25.03.2014)
                                                                  ----Appellant
                                    Versus
State of Rajasthan, through Public Prosecutor
                                                                ----Respondent

For Appellant(s) : Dr. Mithlesh Kumar, Adv. For Respondent(s) : Ms. Rekha Madnani, AGA

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment / Order

14/03/2022

1. Accused-applicant has preferred this application for

suspension of sentence.

2. Heard on application for suspension of sentence.

3. It is contended by counsel for the applicant that there is long

duration between the time of last seen and the death. It is also

contended that the recovery was effected by Police Personnel after

an inordinate delay. It is further contended that it is not

established that the firearm, which was recovered, was used for

committing the offence.

(2 of 2) [SOSA 187/2022]

4. Learned Additional Government Advocate has opposed the

application for suspension of sentence. It is contended that the

applicant was last seen with the deceased. He had taken the

vehicle and deceased's body was recovered. Thereafter, the

accused-applicant went missing and was arrested from the jail

where he was already in custody for some another case. It is also

contended that cause of death is the firearm injury and the

firearm has been recovered from the instance of the applicant.

5. We have considered the contentions.

6. Considering the evidence of last seen and the fact that the

death has been caused by firearm injuries and firearm was

recovered at the instance of the applicant, we are not inclined to

entertain the application for suspension of sentence and the same

is accordingly dismissed.

(ANOOP KUMAR DHAND),J (PANKAJ BHANDARI),J

PRAVESH/15

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