Ashu Ram vs State of Rajasthan - 2023 Supreme(Raj) 1887

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1887

PANKAJ BHANDARI, BHUWAN GOYAL
Ashu Ram – Appellant
Versus
State of Rajasthan – Respondent

Advocates Appeared:
For the Applicant : Mr. Ashvin Garg
For the State :Ms. Alka Bhatnagar, Addl. Govt. Advocate.

ORDER :

Accused-applicant has preferred this application for suspension of sentence.

2. Heard on application for suspension of sentence.

3. It is informed by learned Additional Government Advocate that complainant has been intimated about filing of the criminal appeal as well as application for suspension of sentence. No one has put in appearance on behalf of the complainant, despite information. Report in this regard has also been submitted by learned State Counsel and the same is taken on record.

4. It is contended by counsel appearing for the accused-applicant that case rests upon circumstantial evidence. The allegation was against Kendra Singh but Police has not filed the charge-sheet against him. It is further contended that applicant has remained in custody for a period of 7 years & 7 months and disposal of appeal is bound to take time.

5. Learned Additional Government Advocate has opposed the application for suspension of sentence. It is contended that the dead body was recovered at the instance of the applicant.

6. We have considered the contentions.

7. Taking note of the facts that applicant has remained in custody for a period of 7 years & 7 months; that initially the alle

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