Om Prakash vs State Of Rajasthan
2023 Latest Caselaw 285 Raj

(1 of 2) [SOSA-227/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 227/2022

Om Prakash S/o Sh. Mangi Lal Sharma, Aged About 24 Years, By Caste Sharma, Resident Of Gopalpra Beriya, Bhainsrodgarh Police Station, District Chittorgarh (Lodged In Central Jail, Udaipur).

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

----Respondent

For Petitioner(s) : Mr. Jagatveer Singh Deora For Respondent(s) : Mr. R.R. Chapparwal, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MS. JUSTICE REKHA BORANA Order

09/01/2023

This is second application for suspension of sentences (SOS)

filed on behalf of the appellant.

His first application for SOS was rejected by this Court.

Learned counsel for the appellant drew the Court's attention

to the judgment passed by the Hon'ble Supreme Court in Saudan

Singh Vs. The State of Uttar Pradesh (Criminal Appeal

No.308/2022) and the order passed by this Court in Gokul Ram

Vs. State of Raj. {D.B. Criminal Misc. III Suspension of Sentence

Application (Appeal) No.603/2021, decided on 01.04.2022} and

submits that the appellant is in custody from the year 2015 and

thus, he deserves indulgence of bail during pendency of the

appeal.

Learned Public Prosecutor, has opposed the submissions

advanced by the appellant's counsel. He urged that the appellant

is the principal offender in the case. His first application for

suspension of sentence, being D.B. Criminal Misc Suspension Of

(2 of 2) [SOSA-227/2022]

Sentence Application (Appeal) No. 595/2020, has been rejected by

this Court after considering merits of the case. He further pointed

out that while arguing the application for suspension of sentence

on behalf of co-accused Kanhaiya Lal, the appellant's counsel took

a clear stance that the entire overt act is attributed to the

appellant herein. On the basis of this submission, the application

for SOS filed on behalf of Kanhaiya Lal was accepted. He further

points out that the first application for SOS filed on behalf of the

appellant was rejected on 21.01.2021. The appellant's counsel

filed the second application for SOS in March, 2022 and that is

why, the appeal could not be taken up for hearing.

We have considered the submissions advanced by learned

counsel Shri Deora and learned Public Prosecutor and have gone

through the impugned judgment and the record.

Ex facie, we are of the view that there is significant evidence

against the appellant so as to connect him with the murder of Udai

Lal. The case of the appellant has already been distinguished with

the case of the co-accused Kanhaiya Lal in the order dated

30.05.2019 whereby application for SOS filed on behalf of

Kanhaiya Lal was accepted.

In this background, we are not inclined to accept the instant

application for SOS which is rejected as being devoid of merits.

The Registry shall forthwith prepare the paper-book and list

the appeal for hearing in the month of March, 2023.

                                   (REKHA BORANA),J                                           (SANDEEP MEHTA),J


                                    26-AnilKC/Abhishek/-









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