Rajasthan High Court: A Division Bench of Sandeep Mehta and Abhay Chaturvedi, JJ., allowed an application for suspension of sentences and granted bail to the accused-applicant due to improper findings in the evidence.
According to the facts of the case, the accused-applicant was alleged to have caused two fatal injuries to the deceased using an iron rod. The injuries caused to the deceased were specifically attributed to the accused Babu Khan and the accused-appellant was alleged to have caused the injury with the iron rod. In a High Court order dated 23-05-2019, one of the co-accused had been an extended indulgence of suspension of sentences.
The Senior Advocate representing the accused-applicant, J.S. Choudhary assisted by Tarun Dhaka, challenged the impugned judgment passed by the Additional Sessions Judge, stating that the trial court erred in its finding since according to the post mortem report, no injuries on the body of the deceased were traced to have caused by the usage of a blunt weapon. The Senior Advocate also submitted and brought to the notice of the court that the co-accused was granted an indulgence of suspension of sentences by the present court also due to the same reason.
The Public Prosecutor representing the respondents, Anil Joshi, vehemently and fervently opposed the submission by the accused-applicant counsel.
The High Court upon perusal of evidence placed on record and the facts of the case accepted the petition for suspension of sentences and suspended the sentences passed by the learned trial court till the final disposal of the case. The High Court granted bail to the accused-applicant upon execution of personal bond with two sureties.[Sakeer Mohammad v. State, D.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 749 of 2019, decided on 11-07-2019]