Rajasthan High Court: The Division Bench comprising of Sandeep Mehta and Abhay Chaturvedi, JJ. allowed an application of suspension of the sentence due to improper conviction by the trial court.

In the present case, the accused-appellant was convicted under Section 302 of the Penal Code, 1860 under the pretense that he had committed the murder since the weapon used to murder, in this case, a knife was retrieved from the accused-appellants possession. 

The advocates representing the accused-appellant, Hasti Mal Saraswat and Surya Prakash, submitted that according to the FSL Report, it has been stated that there no traces of blood found on the knife when the weapon was subjected to chemical and serological tests. Thus, the trial court erred in convicting the accused-appellant.

The Court upon perusal of the records allowed the application for suspension of sentence and granted bail to the accused-appellant upon execution of personal bond and sureties.[Sahbaan v. State of Rajasthan, 2019 SCC OnLine Raj 2956, decided on 16-09-2019]

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