Rajasthan High Court - Jodhpur
Gopal vs State Of Rajasthan ... on 13 April, 2023
Bench: Arun Bhansali, Rajendra Prakash Soni
[2023/RJJD/009966]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1207/2022
in
D.B.Criminal Appeal No. 181/2022
Gopal S/o Sh. Nanda Gurjar, Aged About 46 Years, Vill.
Salampura, P.s. Kachhola, Dist. Bhilwara. (Presently Lodged In
Central Jail, Ajmer).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rakesh Arora.
For Respondent(s) : Mr. R.R.Chhaparwal, P.P.
Ms. Kushboo Vyas for
Mr. Deepak Menaria, for complainant.
HON'BLE MR. JUSTICE ARUN BHANSALI
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
13/04/2023
1. The present application for suspension of sentence has been
filed by the applicant-appellant, wherein, he has been convicted
under Section 302/120-B IPC by the Court of Addl. Sessions Judge
No.3, Bhilwara camp Mandalgarh by judgment dated 25/11/2022.
2. Learned counsel for the applicant made submissions that the
applicant is behind bars since 28/5/2013. The trial court has
based the conviction of the appellant on the complaint made by
the deceased on 24/11/2009 (Ex.44) and recovery of a axe.
3. Submissions have been made that recovery of axe after 3 ½
years of the incident without there being any evidence and
[2023/RJJD/009966] (2 of 3) [SOSA-1207/2022]
indication of blood stains and the FSL finding blood stains and has
identified the blood group similar to that of deceased clearly
indicates cooked-up evidence against the applicant-appellant.
4. Further submissions have been made that the co-accused
Smt. Phori has already been granted bail way back on 9/1/2012
in SOS Application No. 1079/2011 and, therefore, the applicant is
also entitled to be released on bail.
5. Learned Public Prosecutor and counsel appearing for the
complainant vehemently opposed the submissions.
6. It was submitted that there has been two murders including
that of one ASI, who went for investigation with regard to the
complaint made against the applicant vide Ex.44. The axe
recovered has been found by the FSL to contain human blood and
the same matches with the blood on the clothes of the deceased.
7. Further submissions have been made that the recovery was
delayed on account of the fact that the appellant was absconding
and only when he was apprehended that the recovery took place
and, therefore, the delay in purported recovery cannot be made
the basis.
8. Submissions were also made that Phori, being a lady was
granted bail by this Court, which case is distinguishable and,
therefore, the application deserves dismissal.
9. Having heard the learned counsel for the parties and having
perused the record including the document Ex.44, coupled with
the fact that in his statement under Section 313 Cr.P.C. the
applicant-appellant has admitted the allegation of having eloped
with Smt. Phori and illicit relations with her, without going into the
relevant merit of the submissions made by the learned counsel for
[2023/RJJD/009966] (3 of 3) [SOSA-1207/2022]
the parties, we are not inclined to release the applicant-appellant
on bail.
10. The application for suspension of sentence is, therefore,
dismissed.
11. However, looking to the fact that the applicant has been in
custody for considerable time, the hearing of the appeal is
expedited.
(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J
34-baweja/-
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