CRLA/9/2022
2022 Latest Caselaw 3668 UK

              Office Notes,
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      Date    or directions                      COURT'S OR JUDGES'S ORDERS
No
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                               CRLA No.09 of 2022
                               Shri S.K. Mishra, J.

Shri Alok Kumar Verma, J.

Mr. Ram Singh Sammal, learned counsel assisted by Ms. Sarita Bisht, learned counsel for the appellant.

Mr. J.S. Virk, learned Deputy Advocate General for the State.

This is an application (IA No.01 of 2022), filed under Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred as "the Code", for brevity), for suspension of sentence and grant of bail upon appeal.

The present appellant - Ravindra Singh Dhek has been convicted and sentenced for the offence under Sections 302, 504 of the Indian Penal Code and Section 4/25 of the Arms Act by the learned District and Sessions Judge, Champawat, in Sessions Trial No.12 of 2015, vide judgment and order dated 22.12.2021/24.12.2021. He has been sentenced to undergo life rigorous imprisonment along with a fine of Rs.1,50,000/- under Section 302 of the Indian Penal Code; he has been further sentenced to undergo rigorous imprisonment for a period of six months along with a fine of Rs.5,000/- under Section 504 of the Indian Penal Code and he has been further sentenced to undergo rigorous imprisonment for a period of six months along with a fine of Rs.5,000/- under Section 4/25 of the Arms Act with default stipulation. All the sentences are directed to run concurrently.

The learned counsel for the appellant would submit that the evidence of PW2 could not be relied upon as it is borne out from the record that when PW2 took the deceased to the Gangasheel Hospital, he could not reveal the name of the assailants. However, it is clear that the PW2 is injured eye- witness; he has implicated the appellant in commission of the crime. Blood stained knife was recovered from the co-accused, though, it was found to have been stained with blood, but, because of de-generation, no final opinion could be given about the origin and group of the same. It is also borne out from the record that there are seven other criminal cases against the present appellant - Ravindra Singh Dhek.

Hence, we are not inclined to suspend the sentence at this stage. In that view of the matter, the application for suspension of sentence and grant of bail upon appeal (IA No.02 of 2022) is hereby rejected.

The matter may be listed on 28.02.2023 for final hearing.

(Alok Kumar Verma, J.) (S.K. Mishra, J.) 16.11.2022 (Grant urgent certified copy of this order, as per Rules)

JKJ/Pant