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VIJAY BISHNOI, MANOJ KUMAR VYAS
Mahesh Kumar Meena – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. Heard learned counsel for the parties on the applications for suspension of sentence.
2. Learned counsel for the appellants-applicants has submitted that the appellants-applicants have been falsely implicated in this case and the trial court has grossly erred in convicting and sentencing them vide impugned judgment. It is further submitted that as per the prosecution, the appellants hatched a conspiracy with the main accused Ram Babu Sharma to commit the murder of deceased Madan Gopal Mogra. Learned counsel while inviting attention of this Court towards the statements of eye witnesses Govind Narayan Sharma (PW-2), Ram Avtar Sharma (PW-19), Shrawan (PW-20) and Narayan (PW-21) has argued that the eye witnesses of the incident have not named the appellants. It is also submitted that the trial court, only on the basis of so called call details, has come to the conclusion that the appellants-applicants are the members of the group, which hatched conspiracy of committing murder of the deceased. It is also submitted that the appellants-applicants were on bail during trial and there is every possibility that the appeal preferred by them will not be heard in near future. It is als
The court established that a lack of direct evidence from eyewitnesses can be a substantial ground for suspending a sentence pending appeal.
The court established that a conviction must be supported by credible evidence, and the lack thereof can lead to the suspension of a sentence.
The court established that sentences can be suspended based on the duration already served and the conditions of appearance during the appeal process.
The court may consider the strength of the evidence, duration of custody, and likelihood of appeal duration in deciding on suspension of sentences and bail.
The court established that a conviction must be supported by credible evidence, and the absence of such evidence can lead to suspension of sentence.
Identification of accused by eye witnesses and nature of injuries considered for suspension of sentence application.
The court established that reasonable doubt in the prosecution's evidence can justify the suspension of sentences under Section 389 of the CrPC.
The court can suspend a sentence during the appeal process if justified by circumstances such as the duration of custody and similar cases.
The court may suspend a sentence if the accused are on bail and the appeal process is expected to take a significant amount of time.
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