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2017 DIGILAW 314 (RAJ)

Bashir S/o Bachhu Khan v. State of Rajasthan

2017-01-27

GOPAL KRISHAN VYAS, KAILASH CHANDRA SHARMA

body2017
JUDGMENT : Mr. Gopal Krishan Vyas, J. 1. Heard learned counsel for the parties. 2. Learned counsel for the accused applicants submits that during trial applicants Bashir, Ali and Abdul Gaffar were on bail and in the statement of eye witness PW-2 Babu Ram there is no specific allegation against them for inflicting any particular injury. Further, it is submitted that from accused applicants Ali and Abdul Gaffar Lathis were recovered and there is no specific allegation for inflicting injury by Lathis against them. It is also submitted that although there is allegation for inflicting injury by Farsi, which is a sharp edged weapon by the accused applicant Bashir, but testimony of PW-2 Babu Ram is required to be disbelieved because he was not present at the time of occurrence took place. Learned Public Prosecutor as well as learned counsel for the complainant submits that it is a case in which all the accused persons lashed with sharp edged weapon Farsi and Lathis caused grievous injuries to the deceased Aamdeen which resulted into the death. It is also submitted that prosecution has proved its case beyond reasonable doubt, therefore, accused applicants are not entitled to be released on bail. 3. After hearing the learned counsel for the parties, we are of the opinion that for inflicting injury by Farsi, which is sharp edged weapon is against accused applicant Bashir and number of incised wounds were found upon the body of the deceased, therefore, we are not inclined to suspend the sentence of the accused applicant Bashir. 4. Therefore, the bail application of accused applicant Bashir is hereby rejected. 5. However, in view of the fact that Ali and Abdul Gaffar were on bail during trial, so also, allegation against them is for inflicting Lathi blow and only one lacerated wound was found upon the body of the deceased for that there is no specific allegation, therefore, the without commending on merits of the case, the sentence awarded against the accused applicants Ali and Abdul Gaffar deserves to be suspended. 6. Consequently, application for suspension of sentence filed on behalf of (i) Ali son of Bachhu Khan and (ii) Abdul Gaffar son of Kher Mohd. is hereby allowed and it is ordered that the sentence awarded by learned Addl. 6. Consequently, application for suspension of sentence filed on behalf of (i) Ali son of Bachhu Khan and (ii) Abdul Gaffar son of Kher Mohd. is hereby allowed and it is ordered that the sentence awarded by learned Addl. Sessions Judge, Phalodi, District Jodhpur vide its judgment dated 11.11.2016 in Sessions Case No.17/2012 against the accused-appellants-applicants (i) Ali son of Bachhu Khan and (ii) Abdul Gaffar son of Kher Mohd. shall remain suspended till the final disposal of appeal preferred by them and they may be released on bail provided they execute personal bonds in the sum of Rs.50,000/- (Rupees Fifty thousand only) each along with two sureties in the sum of Rs.25,000/- (Rupees twenty Five thousand only) each to the satisfaction of the trial court for their appearance in this Court on 27.2.2017 and whenever called upon to do so. Application of B rejected - A and AG to submit personal and surety bonds of Rs. 50,000/-.