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In The High Court of Judicature for Rajasthan

Jaipur Bench, Jaipur

O R D E R

D.B. Criminal Misc. Appli. for Suspension of Sentence No.314/2014

In D.B. Criminal Appeal No.1563/2007

Shiv Singh Vs. State of Rajasthan

Date : 10.04.2014

Hon'ble Mr. Justice Ajay Rastogi

Hon'ble Mr. Justice J.K. Ranka

Mr. Ajay Singh Adv., for accused applicant.

Mr. Rishi Raj Singh, Public Prosecutor for State.

Instant application has been filed seeking suspension of

sentence by the accused applicant who is in judicial custody & has

almost completed more than 7½ years & the alleged incident is of

12

th October,2006 and on the written complaint lodged by the

complainant who is nephew of the deceased Ganga Bai (senior

citizen), FIR (Ex.P13) came to be registered on 13.10.2006 at about

1:25 am.

Counsel for appellant submits that its a case of circumstantial

evidence, however, two prosecution witnesses PW1 & PW7 stated

that they had seen the appellant running from the place of incident,

however, as per recovery memo Ex.P10, a sum of Rs.840/- has been

recovered but there is no evidence on record about the money

recovered from the petitioner as alleged belong to the deceased or

part of the Lugadi which was recovered from the appellant was a

torned cloth of the Lugadi worn by the deceased and there is no

other corroborative evidence or the circumstance came on record

by which the allegation could be proved beyond reasonable doubt

against him. However, he has been convicted for offence u/S 302

IPC and is in judicial custody from the date of his initial arrest and

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has completed more than 7½ years in judicial custody and under

these circumstances, it is very difficult to believe on the

statements recorded of PW1 & PW7 who as per prosecution are the

star witnesses and this Court can take judicial notice that the

pending appeals which are coming up for hearing, the accused

appellants are in judicial custody for more than ten years and

certainly hearing of the present case may take its own time and he

is having good track record and nothing has come on record about

his involvement in any crime other than the present one in which he

has been convicted and at least under these facts & circumstances

he is entitled to seek indulgence of suspension of sentence pending

appeal.

Learned Public Prosecutor opposed the application for

suspension of sentence.

Taking note of the submissions made, but without expressing

any opinion on merits, we consider it proper to grant indulgence

prayed for pending appeal.

Consequently, application seeking suspension of sentence

stands allowed and it is ordered that the sentence awarded to the

accused appellant (Shiv Singh S/o Abhay Singh) by the learned

trial court vide judgment dt.24.07.2007 pending appeal shall remain

suspended and he shall be released on bail provided he furnishes a

personal bond in the sum of Rs.50,000/- with two sureties each in

the sum of Rs.25,000/- to the satisfaction of the learned trial

court to the effect that he shall appear before this Court on

12.05.2014 and as and when called upon to do so.

(J.K. Ranka),J. (Ajay Rastogi),J.

VS Shekhawat/-PA/(S94)

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Certificate - All corrections have been

incorporated in the judgment/order being

emailed/Vijay Singh Shekhawat/PAJW