SURENDRA SINGH @ BANNA SON OF KAMMAN SINGH v. STATE OF RAJASTHAN
SOSA/231/2025 · 2025-07-24
Ganesh Ram Meena
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 40462 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40462 (RAJ) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc II Suspension Of Sentence Application (Appeal) No. 231/2025 in S.B. Criminal Appeal No. 3236/2024 Surendra Singh @ Banna Son Of Kamman Singh ----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : Mr. Narendra Prasad Meena For Respondent(s) : Mr. Amit Punia HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 24/07/2025
1. The second suspension of sentence application has been filed by the applicant/appellant for suspension of the sentence imposed upon him vide judgment dated 22.11.2024 passed by the Court of learned Special Judge, SC/ST (Prevention of Atrocities) Act, Ajmer in Sessions Case No. 3/16 whereby the accused-applicant has been convicted for offence punishable under Section 307, 341, 323 and 452 of IPC and was sentenced to undergo rigorous imprisonment of seven years and fine.
2. The first application for suspension of sentence was dismissed as withdrawn vide order dated 13.12.2024 with liberty to file fresh.
3.
Learned counsel for the applicant submits that the accused- appellant was on bail during trial. He further submits that two of the eye witnesses PW-8 and PW-9 have not supported the
(2 of 2) [SOSA-231/2025] prosecution story and they have turned hostile. He also submits that the accused-applicant is in custody since conviction and was on bail during trial. Learned counsel further submits that the sentence imposed upon the the applicant may be suspended.
4. Learned Public Prosecutor has opposed the submissions made by learned counsel for the applicant.
5. Heard and considered.
6. On perusal of the evidence available on record, the allegations against the applicant is of causing injuries on the vital part of the body of the injured namely; Ramesh and Phool Singh. As per the medical opinion, both the injuries have been opined to be dangerous to life.
7. Taking into consideration, the allegations levelled against the accused-applicant and the evidence of the injured witnesses and so also the evidence of the Medical Officer to the effect that injuries inflicted by the applicant are dangerous to life, this Court is not inclined to suspend the sentence of the accused-appellant.
8. Accordingly, the suspension of sentence application is dismissed.
(GANESH RAM MEENA),J ANIL SHARMA /75