Satyaprakash @ Sethi vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1915

PANKAJ BHANDARI, BHUWAN GOYAL
Satyaprakash @ Sethi – Appellant
Versus
State of Rajasthan – Respondent

Advocates Appeared:
For the Appellants : Mr. Krishan Kumar Chhawal.
For the State : Mr. Imran Khan, Dy. G.A.

ORDER :

It is informed by learned Deputy Government Advocate that victim has been intimated about filing of the criminal appeal as well as the application for suspension of sentence. Report in this regard has also been submitted before the Court, which is taken on record.

2. No one has put in appearance on behalf of the victim, despite information.

3. Accused-appellant has preferred this application for suspension of sentence.

4. Heard on application for suspension of sentence.

5. It is contended by the counsel for the appellant that the case rests upon circumstantial evidence. There is delay of more than 13 days in lodging of FIR. All the last seen witnesses have given statement after two days of the lodging of the FIR. It is also contended that co-accused who was tried by the Juvenile Court has been acquitted. The allegations levelled against the accused are akin to that of the co-accused. It is also contended that the applicant has remained in custody for a period of five year and seven months. Disposal of the appeal will take time.

6. Learned Deputy Government Advocate has opposed the application for suspension of sentence. It is contended by Deputy Government Advocate that all

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