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2021 DIGILAW 2208 (RAJ)

Mukesh v. State of Rajasthan

2021-11-23

MANOJ KUMAR VYAS

body2021
ORDER 1. Heard on application for suspension of sentence. 2. The appellant has filed the appeal along with application for suspension of sentence. 3. The appeal has been preferred against the judgment of conviction and sentence dated 23.09.2021 passed by the Court of Additional Session Judge No.5, Kota (Rajasthan) in Session CIS No. 12/2019, by which the appellant has been convicted for offences under Sections 363 and 307 of IPC and sentenced to maximum term often years. 4. It has been submitted by learned counsel for the appellant that the appellant has been falsely implicated in this case due to dispute between the appellant and his wife. The victim is brother-in-law of the appellant, who has been examined as PW-7. He has stated that the appellant with intention of causing death pushed him in the well, from where he was rescued by other persons but this prosecution story is a result of an after thought. There is no injury on the body of injured as per statement of PW-12-Parmanand. The Investigating Officer-PW-11-Vijendra Singh has stated in his cross-examination that the fact of pushing Lekhraj in the well was not narrated to him by any witness but it was narrated by victim himself only. He has further admitted that in the video recording of the place of occurrence, Mukesh is not seen. During trial, the appellant was on bail. Now, he is in custody from the date of passing of judgment i.e. 23.09.2021. Decision of the appeal may consume considerable time. 5. Heard learned counsel for the parties and scanned the evidence available on record carefully. 6. Learned Public Prosecutor has opposed the application for suspension of sentence. 7. Taking into consideration the submissions of learned counsel for the appellant, overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems just and proper to allow the application for suspension of sentence. 8. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accused-appellant Mukesh S/o Modulal shall remain suspended till disposal of this criminal appeal and he shall be released on bail, provided the appellant furnishes a personal bond of Rs. 8. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accused-appellant Mukesh S/o Modulal shall remain suspended till disposal of this criminal appeal and he shall be released on bail, provided the appellant furnishes a personal bond of Rs. 1,00,000/- (One Lakh) and two sureties of Rs.50,000/- (Fifty Thousand) each to the satisfaction of the learned trial court for his appearance in this Court on 3rd January, 2022 and as and when called upon to do so.