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2025 DAILYLAW 33285 (RAJ)

DINESH SON OF RADHEYSHYAM MEENA v. STATE OF RAJASTHAN

SOSA/2126/2024 · 2025-01-13

Pankaj Bhandari, Shubha Mehta

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:1800-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 2126/2024 In D.B. Criminal Appeal No.415/2024 Dinesh Son of Radheyshyam Meena, Aged About 23 Years, Resident of Binayka Police Station Itawa District Kota Rural. (At Present In Central Jail, Kota). ----Accused/Applicant Versus State of Rajasthan, through P.P. ----Respondent For Applicant(s) : Mr. Bhim Singh Meena along with Mr. Ajay Singh For State For Complainant/Victim : : Mr. Amit Punia, Addl. G.A. with Ms. Neha Goyal Mr. Abdul Rahim Khan HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 13/01/2025 1. Accused-applicant has preferred this application for suspension of sentence. 2. Heard on application for suspension of sentence. 3. It is contended by counsel appearing for the accused- applicant that applicant has remained in custody for a period of more than three years. The allegation against him is of causing injury by knife to the deceased, however, deceased has not sustained any stab wound or injury by knife. [2025:RJ-JP:1800-DB] (2 of 2) [SOSA-2126/2024] 4. Learned Additional Government Advocate as well as counsel appearing for the complainant/victim have opposed the present application for suspension of sentence. It is contended by counsel appearing for the complainant/victim that stick has been recovered from the applicant, which was found blood stained and deceased has received lacerated wound. 5. We have considered the contentions. 6. Considering the contentions put forth by counsel appearing for the accused-applicant; also taking note of the fact that only eye witness PW-5 has levelled allegations against applicant and the allegations pertain to causing injury by knife, however, deceased has not sustained any knife injury; applicant has already remained in custody for a period of more than three years, we deem it proper to allow the application for suspension of sentence. 7. Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused applicant in Sessions Case No.71/2022 CNR No.RJKT01-001047- 2022, shall remain suspended if the accused-applicant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Court to the effect that he shall appear before this Court as and when called upon to do so. (SHUBHA MEHTA),J (PANKAJ BHANDARI),J AMIT/58