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2022 DIGILAW 134 (RAJ)

Rakesh Kumar @ Rakuda S/o Ramlal v. State of Rajasthan, Through Public Prosecutor

2022-01-17

BIRENDRA KUMAR, MANINDRA MOHAN SHRIVASTAVA

body2022
JUDGMENT : 1. Heard on application for suspension of sentence and grant of bail. 2. Learned counsel for the appellant would submit that the conviction of the appellant is founded not only on doubtful but inconclusive circumstantial evidence failing to complete chain of circumstances to draw inference that in all probability, the appellant may have committed the offences. He would submit that though there is evidence of last seen as stated by the prosecution witness, the evidence of PW-4 and PW-24 shows that the dispute and enmity exists between the deceased and the other accused Rajpal and Mahaveer Prasad and there is no evidence of any dispute/quarrel between the appellant and the deceased. He would submit that PW-40 does not contain origin and group of blood so as to arrive at conclusive proof that the appellant was involved in the alleged incident of murder. The appellant is in jail since 16 months therefore, at this stage, sentence may be suspended and the appellant may be granted bail. 3. On the other hand, learned State counsel would submit that there is not only overwhelming evidence of appellant having remained in company of the deceased for long time and last seen with him, but also there is evidence of Ex-20 FSL report which shows that human blood was found which the appellant has failed to explain. 4. Taking into consideration the submissions of learned counsel for the parties, nature of evidence which has been led by the prosecution and made basis to convict the appellant and further taking into consideration that the prosecution has not come out with any clear evidence of appellant and deceased having any inimical relation and that the FSL report Ex-20 does not prove that the blood was of the same group and origin as that of the deceased, we are inclined to allow the application for suspension of sentence. 5. Accordingly, application for suspension of sentence and grant of bail is allowed. It is directed that substantive jail sentence awarded to the appellant shall remain suspended and he shall be released on bail on his furnishing a personal bond of Rs. 5. Accordingly, application for suspension of sentence and grant of bail is allowed. It is directed that substantive jail sentence awarded to the appellant shall remain suspended and he shall be released on bail on his furnishing a personal bond of Rs. 25,000/- alongwith two local surety of the like amount to the satisfaction of the trial court, for his appearance before the concerned trial court on 14.03.2022 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.