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ARUN BHANSALI, RAJENDRA PRAKASH SONI
Bala Ram – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. The appellants-applicants herein stand convicted for the offences under Sections 341, 323, 324/34, 325, 307/34 of the IPC vide judgment dated 08.02.2023 passed by the learned Sessions Judge, Pratapgarh.
2. It is contended by the learned counsel for the defence that the applicants herein have been falsely implicated in the case. Inviting the court's attention towards the statements of Medical Officer Dr. Pramod Jeman (P.W.-9) and Dr. O.P. Dayama (P.W.-11) coupled with the X-ray report (Exhibit P-14) and final opinion report of the Doctor (Exhibit D-4), learned counsel pointed out that the injured Hari Prakash had suffered one fracture on his hand and other fracture on his leg, which are not on the vital part of the body. Dr. O.P. Dayama (P.W.-11) has admitted in his crossexamination that he had only expressed the possibility of fractures of Hari Prakapsh being 'likely' to fatal to his life. The prosecution has failed to prove that any of the injuries caused to the Hari Prakash were on the vital part of the body or were inflicted by any deadly weapon. No definite opinion of the doctor is available on the record. Hence, as per him, manifestly it is a case where the applicants h
The court established that insufficient evidence of serious injury can justify the suspension of a sentence pending appeal.
The court established that non-vital injuries and prior bail status can justify the suspension of a sentence during an appeal.
[The court established that the presence of material contradictions in prosecution evidence and the nature of injuries can justify the suspension of a sentence pending appeal.]
The court allowed the suspension of sentence for accused-applicants pending appeal, emphasizing their prior bail status and involvement of a co-accused.
The court granted suspension of sentence based on the duration of custody and issues with eyewitness credibility, emphasizing the need for strong evidence in ongoing appeals.
The court established that the presumption of innocence and the lack of sufficient evidence can warrant the suspension of a sentence pending appeal.
Suspension of sentence granted based on the nature of allegations and circumstances of a free fight, allowing accused-applicants to appeal while on bail.
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