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2023 DIGILAW 900 (RAJ)

Basant Lal v. State of Rajasthan

2023-04-21

BHUWAN GOYAL, PANKAJ BHANDARI

body2023
ORDER : (Pankaj Bhandari, J.) Accused-applicant has preferred this second application for suspension of sentence. 2. Heard on second application for suspension of sentence. 3. It is contended by counsel for the applicant that applicant has remained in custody for a period of 7 years and 4 months. The case rests on evidence of two witnesses i.e. P.W. 15 & P.W. 19, both are not reliable witnesses. The occurrence took place at dark & there were no lights and accident took place on the road. 4. Learned Additional Government Advocate as well as counsel for the complainant have opposed the second suspension of sentence application. It is contended by counsel for the complainant that the applicant had earlier threatened the deceased. 5. We have considered the contentions. 6. Considering the contentions of the counsel for the applicant; as also the fact that death was caused by an accident; the applicant has remained in custody for a period of 7 year and 4 months and disposal of appeal is bound to take time, we deem it proper to allow the second application for suspension of sentence. 7. Accordingly, the second application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused-applicant in Sessions Case No.16/2016 (55/16) [C.I.S. No.91/2016], shall remain suspended if the accused-applicant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Court to the effect that he shall appear before this Court as and when called upon to do so.