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2021 DIGILAW 2100 (RAJ)

Mohammad Shakeel v. State of Rajasthan

2021-11-11

MANINDRA MOHAN SHRIVASTAVA, VINOD KUMAR BHARWANI

body2021
JUDGMENT 1. Heard on application for suspension of sentence of the appellant. 2. Learned counsel for the appellant would argue that the appellant has undergone more than seven years of jail sentence. Referring to the evidence on record particularly to the testimony of the eye-witnesses, PW-1, 6, 7 and 21, it is contended that even if the criminal act on the part of the appellant of he having assaulted the deceased is relied upon, in the background of what had happened, it being a case of free fight and there being clear evidence of appellant Mohammad Shakeel having sustained multiple injuries including injury on his head as would be reflected from Exhibit D-20, the prosecution has failed to explain injury on his person, his culpability would not travel beyond the scope and ambit of Section 304 IPC. His argument is that fourth exception or exception relating to exceeding in exercise of right of private defence makes out an arguable case of alteration of his conviction to that under Section 304 part II IPC and therefore, at this stage, he may be granted bail. 3. On the other hand, learned State Counsel would submit that earlier the suspension application of the appellant was considered and was dismissed as the appellant was aggressor and it was the appellant who gave fatal injury which caused death of the deceased. 4. Upon due consideration of submissions of learned counsel for the parties and taking into consideration the submissions of learned counsel for the appellant with regard to the fact of appellant-Mohammad Shakeel having sustained multiple injuries on his head, as evident from Exhibit D-22, prosecution not coming out with any evidence to explain those injury as also it being arguable case of one of exceptions of Section 300 IPC and that the appellant has, by now, undergone more than seven years of jail sentence, at this stage, we are inclined to allow the application for suspension of sentence of the appellant- Mohammad Shakeel. 5. Accordingly, application for suspension of sentence and grant of bail is allowed. 5. Accordingly, application for suspension of sentence and grant of bail is allowed. It is directed that the substantive jail sentence awarded to the appellant- Mohammad Shakeel is suspended and he shall be released on bail on his furnishing a personal bond of Rs.50,000/- along with one local surety of the like amount to the satisfaction of the Trial Court, for his appearance before the concerned Trial Court on 20.12.2021 and on all such further dates as may be directed by the said Court, interval being not less than one year, during the pendency of the appeal.