Rajasthan High Court - Jodhpur
Vikas vs State Of Rajasthan ... on 4 April, 2025
[2025:RJ-JD:17557-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension of Sentence Application (Appeal)
No. 188/2025
Vikas son of Shri Naresh, aged about 25 Years, resident of 262
Tekri Police Station Surajpole Dist. Udaipur (Raj.) (Presently
lodged in Central Jail, Udaipur, Rajasthan)
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Firoz Khan, Advocate
For Respondent(s) : Mr. C.S. Ojha, PP.
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
04/04/2025
This Suspension of Sentence Application has been moved by
the convict-applicant, namely, Vikas, who has suffered sentence of
life imprisonment with fine of Rs.50,000/- under section 302 of
the Indian Penal Code for committing murder of his cousin brother
Aakash.
2. In course of the trial, P.W.-6 Neel Gurjar stated in the Court
that the distance of Satellite Hospital from M.B. Hospital was
about 10-12 kms. He further stated that life of his brother could
have been saved had he been given treatment in time.
3. As PW-9, Dr. Mohhammed Irfan found piercing injury over
right thigh of the size of 9cmX4.5cm which according to him was
dangerous to life. PW-9 has also observed one incised injury over
right knee of the deceased.
[2025:RJ-JD:17557-DB] (2 of 3) [SOSA-188/2025]
4. This suspension of sentence application has been opposed by
Mr. C.S. Ojha, the learned Public Prosecutor on the ground that
whether or not the convict-applicant had intention to murder is
not at all relevant provided he had knowledge that his act was so
dangerous that in all probability it would have caused death.
5. The convict-applicant is in custody since 21st March 2021.
6. Referring to the medical evidence and the evidence tendered
by PW-6, Mr. Firoz Khan, the learned counsel for the convict-
applicant submits that the prosecution evidence produced against
the convict-applicant would at best bring the case under section
304 (II) of the Indian Penal Code.
7. Having regard to the period of custody and, in particular, the
statement made by P.W.-6 Mr. Neel Gurjar in the Court that the life
of his brother could have been saved had he been administered
treatment in time, we are inclined to allow this suspension of
sentence application.
8. Ordered accordingly.
9. This application for suspension of sentence filed under
section 389 Cr.P.C is allowed and it is ordered that the convict-
applicant, namely, Vikas son of Shri Naresh, shall be released on
bail on executing a personal bond of Rs.1,00,000/- with two
sureties of Rs.50,000/- each to the satisfaction of the trial Judge
and he shall appear before the Deputy Registrar (Judicial),
Rajasthan High Court, Jodhpur on 05th May 2025 and abide by the
following further conditions:-
"1. The convict-applicant shall disclose his mobile phone
number, if any.
[2025:RJ-JD:17557-DB] (3 of 3) [SOSA-188/2025]
2. He shall not change his place of residence and in the event it
becomes necessary that he has to shift his residence, he would
promptly inform the Court concerned.
3. If the sureties change their address(s) he will give in writing
their changed address to the trial Court.
4. He shall appear before the Court concerned each year on last
working day of June and December."
10. In view of the judgment of Hon'ble Apex Court in case of
"P.K. Shaji @ Thammanam Shaji v. State of Kerala" (2005) 13
SCC 283, in the event the convict-applicant commit any default of
the conditions imposed for grant of bail, the concerned Court shall
take necessary steps in the matter.
11. The present D.B. Criminal Misc. Suspension of Sentence
Application (Appeal) No. 188/2025 is allowed.
(SANDEEP SHAH),J (SHREE CHANDRASHEKHAR),J
28-devrajP/-
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