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PUSHPENDRA SINGH BHATI, KULDEEP MATHUR
Laxman S/o Dhula – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. Heard learned counsel for the parties on D.B. Criminal Misc. 3rd (Suspension of Sentence) Application No. 355/2023.
2. The second application for Suspension of Sentence was rejected by Hon’ble Division Bench of this Court vide order dated 26.07.2022.
3. Learned counsel for the appellant submitted that the appellant-applicant, accused and the deceased were brothers. Learned counsel submitted that an altercation happened in which the child and wife of the deceased were also injured but the persons who were alleged to have inflicted injuries to the child and wife of the deceased, have already been acquitted by the learned trial court.
4. Learned counsel submitted that there is single injury and there was no premeditation for causing the same. Learned counsel submitted that the appellant-applicant has undergone custody for about eight years and three months.
5. Learned counsel for the appellant-applicant has placed reliance on the judgments rendered by the Hon’ble Apex Court in the case of Stalin vs. State Represented by the Inspector of Police in Criminal Appeal No. 577 of 2020 (decided on 09.09.2020) and Anbazhagan vs. The State Represented by the Inspector of Police (decide
The court ruled that the lack of specific injuries and the familial context indicated no premeditated intent to kill, justifying the suspension of sentence during appeal.
The court established that the suspension of a sentence can be granted based on the merits of the appeal and the circumstances surrounding the case, including the nature of the evidence presented.
Suspension of sentence granted based on long-term incarceration and lack of immediate appeal prospects in a serious case of culpable homicide.
The power to grant bail is discretionary and must be exercised judiciously, considering factors such as the nature of the accusations, severity of the punishment, and prima facie view of the involvem....
The exercise of the power to grant bail and suspension of sentence involves the balancing of numerous factors, including the nature of the offence, the severity of the punishment, and a prima facie v....
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