Tufan vs State Of Rajasthan
2022 Latest Caselaw 7743 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 649/2021

Tufan S/o Sh. Nanu Ram Banjara, Aged About 22 Years, B/c Banjara, R/o Kadmali , Ps Kotwali Nimbahera, Distt. Chittorgarh (Raj.) (Presently Lodged In Distt. Jail Chittorgarh )

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Sikander Khan. For Respondent(s) : Mr. R.R. Chhaparwal, PP.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

24/05/2022

The appellant applicant herein stands convicted and

sentenced as below vide judgment dated 09.07.2019 passed by

the learned Additional Sessions Judge, No.2, Nimbahera, District

Chittorgarh in Sessions Case No.15/2016 (59/2015):

Offences Sentences Fine Fine Default Sentences Section 302 IPC Life Imprisonment Rs.5,000/- 1 Year Additional R.I.

Section 4/25 IPC 1 Year's R.I. Rs.1,000/- 15 Days' R.I.

All the substantive sentences were ordered to run concurrently.

(2 of 2) [SOSA-649/2021]

The instant application for suspension of sentences under

Section 389 Cr.P.C. has been filed on behalf of the applicant

appellant seeking release on bail during pendency of the appeal.

We have heard learned counsel representing the applicant

appellant and the learned Public Prosecutor and perused the

impugned Judgment and the material available on record.

There is a distinct allegation of the prosecution witnesses

that the appellant herein inflicted the fatal knife blow to the

deceased Devilal. The allegations so made by the material

prosecution witnesses are duly corroborated by the medical

evidence. Mere discrepancy on the aspect of recovery of knife

would not in any manner discredit the evidence of the eye-

witnesses.

The first application for suspension of sentences preferred on

behalf of the applicant appellant was dismissed by this Court on

09.02.2021. No significant change in circumstance has occasioned

thereafter. Thus, the instant second application for suspension of

sentences is dismissed as being devoid of merit.

(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J

48-Tikam/-

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