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2023 Supreme(Raj) 830

PUSHPENDRA SINGH BHATI, KULDEEP MATHUR
Madan Das S/o Shri Poonam Das – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Pradeep Kumar Shah.
For the Respondent: R.R. Chhaparwal.

JUDGMENT :

1. Heard learned counsel for the parties on D.B. Criminal Misc. 4th (Suspension of Sentence) Application No. 1064/2023.

2. The third application of Suspension of Sentence Application was rejected by the Hon’ble Division Bench of this Court vide order dated 09.09.2022.

3. Mr. Shah, learned counsel for the appellant-applicant submitted that he is making his primary submissions on the prolonged custody which is eleven years, seven months and twenty nine days with remission.

4. Learned counsel for the appellant-applicant further submitted that the family members of two brothers while contesting a piece of property, engaged in the fight which resulted into death of one of the brothers namely Mangi Lal. Learned counsel also submitted that there is a single injury on the body of deceased Mangi Lal.

5. Learned counsel for the appellant-applicant has referred to the judgments rendered by the Hon’ble Apex Court in the case of Saudan Singh vs. State of Uttar Pradesh, SLP (Crl.) No. 4633/2021 (decided on 05.10.2021) and Firoz Khan vs. State of Rajasthan, D.B. Criminal Misc. 2nd Suspension of Sentence Application (Appeal) No. 624/2023 (decided on 11.08.2023) and submitted that the allegat

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