Lakkhi And Ors vs State Of Rajasthan Through P P
2022 Latest Caselaw 6683 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                           BENCH AT JAIPUR

    D.B. Criminal Misc. Suspension of Sentences No.353/2022

                                         IN

                D.B. Criminal Appeal No. 1003/2017

Lakkhi S/o Ramkhiladi, R/o Doongarwala, Ps Sepau, District
Dholpur, Raj. At Present He Is Confined In Central Jail Sewar,
District Bharatpur.
                                     Versus
State Of Rajasthan Through P.P.
                                                                  ----Respondent

For Appellant(s) : Mr. Harendra Singh Sinsinwar Mr. Rahul Sinsinwar For Respondent(s) : Mr. Javed Choudhary, Addl. GA

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE SAMEER JAIN

Order

14/10/2022

Heard learned counsel representing the applicant-appellant

and learned Public Prosecutor. Perused the material available on

record.

The instant applications for suspension of sentences under

Section 389 CrPC have been preferred on behalf of the appellant-

applicant Lakkhi who has been convicted and sentenced as below

vide judgment dated 18.05.2017 passed by learned Additional

Sessions Judge, Dholpur in Sessions Case No.35/2012 (CIS

No.22/2016):-

Offences           Sentences               Fine                   Fine        in
                                                                  Default
                                                                  Sentences
302 IPC            Life                    Rs.10,000/-            Six    months'



                                                                           (2 of 2)                     [CRLA-1003/2017]


                                                     Imprisonment                                    Simple
                                                                                                     Imprisonment
                                   307/149 IPC       10 years' of Rs.5,000/-                         Three months'
                                                     Rigorous                                        Simple
                                                     Imprisonment                                    Imprisonment

Both the sentences were ordered to run concurrently.

The appellant is the principal offender against whom, there is

a distinct allegation of firing fatal gunshot at the deceased. The

application for suspension of sentences filed on behalf of co-

accused Lalli @ Vinod has been dismissed by this Court vide order

dated 11.09.2017. Thus, we do not find any valid ground to

enlarge the appellant Lakkhi on bail during pendency of the

appeal.

The application for suspension of sentences is dismissed as

being devoid of merit.

However, considering the prolonged custodial period suffered

by the appellant, the Registry is directed to list the appeal for

hearing in the appropriate order or priority.

(SAMEER JAIN),J (SANDEEP MEHTA),J

Devesh/JKP/2

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