PANKAJ BHANDARI, BHUWAN GOYAL
Satyendra Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
It is informed by learned Additional Government Advocate that victim has been intimated about filing of the appeal as well as suspension of sentence application. Despite information, no one has put in appearance on behalf of the victim.
2. Report in this regard has been submitted by the Additional Government Advocate and the same is taken on record.
3. Accused-applicants have preferred these applications for suspension of sentence.
4. Heard on applications for suspension of sentence.
5. It is contended by counsel for the applicant that applicants Nandu, Waseem and Kishan Jangam were on bail during trial and all have remained in custody for a period of more than five years. It is also contended that as per the report which was received by the Police; there was cross firing between the two groups. It is further contended that one firearm has been recovered from Nandu, however, as per the FSL report, the bullets were not fired with this firearm. The Court has wrongly interpreted this report. It is further contended that PW/2 is a related witness and PW/3 who is a friend of the deceased is a chance witness and the possibility of their being at the place of occurrence is doubtful
The suspension of sentence can be granted considering the duration of custody and inconclusive evidence relating to the case, emphasizing fair treatment of the accused.
The judgment establishes that inconsistencies in witness testimony and lack of corroborative evidence can warrant suspension of sentences pending appeal.
The court established that procedural irregularities and lack of direct involvement in the crime can justify the suspension of sentences pending appeal.
Suspension of sentence granted based on lack of credible evidence and time served, allowing accused-applicants bail pending appeal.
The court may grant bail during the pendency of a criminal appeal based on the lack of specific allegations, contradictions in the F.I.R, and absence of injury reports and firearm injuries.
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