Mukesh vs State Of Rajasthan
2023 Latest Caselaw 2941 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 176/2023

Mukesh S/o Sh. Nagaji, Aged About 31 Years, Golpura Panchayat Kuradiya, Teh. Nalchha, Dist. Dhar (Mp). (At Present Lodged In Central Jail Ajmer).

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

----Respondent

For Petitioner(s) : Mr. Deepak Choudhary. For Respondent(s) : Mr. Anil Joshi, G.A. - cum- AAG with Mr. Rajat Chhaparwal.

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

12/04/2023

An application for suspension of sentence has been filed by

the accused-applicant, whereby by the judgment dated

09.04.2019, the Additional Sessions Judge No.1, Bhilwara has

sentenced the appellant to life imprisonment along with penalty of

Rs.2,000/-.

Learned counsel for the applicant made submissions that the

allegations made against the applicant, wherein there are no eye-

witnesses, of having committed murder of his father-in-law, are

highly improbable. With reference to the time indicated by PW-3

Madhu, PW-8 Kalu Singh & PW-9 Sunil regarding reporting of the

time of incident and further indications made regarding the fact

that the alleged weapon of offence was recovered from the kitchen

of the house where the incident occurred, it was submitted that

(2 of 2) [SOSA-176/2023]

the applicant was falsely framed in the case and as the applicant

has already undergone the sentence for over 07 years & 11

months, he may be enlarged on bail.

Learned Public Prosecutor vehemently opposed the

submissions. It was submitted with reference to the statement of

PW-3 wife of the applicant that she has made specific statement

regarding the offence having been committed by the applicant and

that minor alleged contradictions are not sufficient for enlarging

the applicant on bail.

Further submissions were made with reference to the FSL

report, wherein the blood group of the deceased matched with the

blood stains on weapon of offence as well as on pants the

applicant was wearing, it was prayed that the application be

rejected.

Having heard learned counsel for the parties and after going

through the record as well as the statements referred to by the

parties, without commenting on the relative merits of the

submissions made by learned counsel for the parties, we are not

inclined to accept the application seeking suspension of sentence,

the same is, therefore, dismissed.

(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J 31-Rmathur/-

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