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2025 DAILYLAW 2962 (RAJ)

PINTU KUMAR S/O JHUTHARAM v. STATE OF RAJASTHAN

SOSA/108/2025 · 2025-03-07

Inderjeet Singh, Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:10375-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 108/2025 In D.B. Criminal Appeal No.31/2025 Pintu Kumar S/o Jhutharam, Aged About 22 Years, R/o Dhani Geroth Ki Tan Kot, Police Station Udaipurwati District Jhunjhunu (At Present Confined In Central Jail, Bikaner) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Arun Singh Shekhawat For Respondent(s) : Mr. Sudesh Kumar Saini, Addl.G.A. with Mr. Gaurav Gupta, AAAG Ms. Nehal Goyal Mr. K.K. Binda, for the complainant HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 07/03/2025 1. This suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Learned counsel for the accused-applicant submits that the accused-applicant has been convicted for the offence under Sections 341, 323, 427 & 302 of Indian Penal Code, 1860. 3. Learned counsel for the petitioner submits that the accused- applicant has been falsely implicated in this matter and he was on bail during trial and presently confined in Central Jail, Bikaner. He further submits that the he has been sentenced to life imprisonment for the offence under Section 302 of IPC. He further [2025:RJ-JP:10375-DB] (2 of 2) [SOSA-108/2025] submits that the hearing of appeal may take long time and prayed that sentence awarded to the accused-applicant may be suspended and he be released on bail during the pendency of the appeal. 4. Learned Additional Government Advocate assisted by the learned counsel for the complainant has opposed the application for suspension of sentence and submits that according to statements of eye witness, the accused-applicant has caused injury on the person of deceased by using heavy stone on account of which he died. He further submits that during trial the Doctor was examined and he conducted the post-mortem of the deceased and corroborated fatal injury on the person of deceased as stated by the eye witness. 5. We have heard learned counsel for the parties and perused the record. 6. Considering the submissions put-forth by learned counsel for the parties and taking into account the facts and circumstances of the present case as well as looking to the seriousness of the offence(s) alleged against the accused-applicant and also considering the fact that the accused-applicant has caused fatal injury on the person of deceased, in our considered view, no case is made out to allow the application for suspension of sentence. 7. Hence, the present application for suspension of sentence stands dismissed. (PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J Upendra Pratap Singh /15