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DB Criminal Suspension of Sentence

Application No.748/2013 In

DB Criminal Appeal No.381/2013

Kaka @ Mahendra Singh Vs. State of Rajasthan

DB Criminal Suspension of Sentence

Application No. 824/2013 In

DB Criminal Appeal No.322/2013

Mohan Singh Vs. State of Rajasthan

Date or order

: 24.10.2013

Hon'ble Mr. Justice Ajay Rastogi

Hon'ble Mr. Justice JK Ranka

Mr. KN Sharma,

Mr. MK Kaushik, for appellants/applicants.

Ms. Alka Bhatnagar, P.P.

Mr. Ashwini Jaiman, for complainant.

Since both the applications for suspension of

sentence have been filed by the accused appellants

who have been convicted for the offence u/S. 302/149

vide judgment dt. 10.4.2013, hence being decided by

the present order.

Counsel for appellants submits that initially

either of them was not charge sheeted for the alleged

incident. However, the learned trial court on an

application moved by the Public Prosecutor u/S.319

Cr.P.C., took cognizance against the appellants and

convicted them u/S.302 with the aid of Sec.149 IPC.

Counsel for appellants submits that it is not the

case of the prosecution that the so called alleged

fire arm was used by either of the appellant on the

person of deceased Surjan Singh and from the injured

prosecution witness PW 4 Balwindra Singh & PW 6

Surendra Singh and the statement of PW-10 Dr. Phool

Singh, at least the present accused appellants cannot

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be connected with the aid of Sec.149 IPC and there

was no recovery from either of them and there is no

evidence which could corroborate either of accused

for using fire arm on the person of the deceased and

further submits that one of the accused Mohan Singh

was on bail during trial and accused appellant Kaka @

Mahendra Singh he is incarceration since April, 2009

and there is no cogent evidence against them which

could connect them for the offence u/S.302 IPC with

the aid of Sec.149 IPC. It is further brought to our

notice that co accused Surendra Pal who was convicted

u/S.302 IPC under the impugned judgment and he has

not moved any application even for suspension of

sentence.

Learned Public Prosecutor & the counsel for

complainant opposed the bail application and submits

that the prosecution evidence came on record both

the accused appellants used fire arm and that can be

corroborated from the statement of PW 4 Balwainder

Singh & PW 6 Surindera Singh who are the injured eye

witnesses and site plan Ex.P3 also indicate that the

alleged incident occurred in the agriculture field of

the complainant and also corroborate from the MLR

Ex.P5 & Ex.P15. We can take a judicial notice that

the appeals taken up for hearing are of such of

appellants who are incarceration for more than 10

years.

After hearing for the parties and taking note of

the submissions made, but without expressing any

opinion on merits of the case, we are inclined to

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suspend the sentence of the appellants (Kaka @

Mahendra Singh & Mohan Singh), awarded by the learned

Additional Sessions Judge No.1, Kishangarhbas, Alwar

vide judgment dt.10.4.2013.

It is ordered that the sentence of the appellants

(Kaka @ Mahendra Singh & Mohan Singh) shall remain

suspended during pendency of appeal and they shall be

released on bail, provided each of them furnishes a

personal bond in the sum of Rs.25,000/- with two

sureties in the sum of Rs.25,000/- each to the

satisfaction of the trial court to the effect that

they shall appear before this Court on 26/11/2013 and

as & when called upon to do so.

[JK Ranka),J. [Ajay Rastogi], J.

dsr/-

"All corrections made in the judgment/order have been incorporated in the judgment/order being emailed"

Datar Singh

P.S.