PRAMOD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentences under Section 389 Cr.P.C. has been preferred by appellant-applicant Pramod @ Pritiya S/o Shri Puranmal, who has been convicted and sentenced as below vide judgment dated 10.01.2020 passed by learned Additional Sessions Judge No.02, Jodhpur Metropolitan, Jodhpur in Sessions Case No.04/2015:-

(2.) We have heard and considered the submissions advanced by Shri Suresh Kumbhat, Advocate representing the appellantapplicant and the learned Public Prosecutor and have gone through the impugned judgment and the record.

(3.) Shri Kumbhat, urges that the entire prosecution case is false and fabricated. The deceased Gopi received injuries in a road traffic accident. The prosecution has given the incident a colour of assault and murder for oblique reasons. The incident took place on 04.11.2014 whereas the deceased Gopi expired on 30.11.2014 and thus, the injuries cannot be directly connected with his death. He further urges that the star prosecution witness, Ankit, PW-4, alleged that the accused-appellant caught hold of the deceased whereas, the other accused persons assaulted him. He submits that the accused has been in custody for the last more than six years and hearing of the appeal is unlikely in near future. He thus, craves indulgence of bail to the applicant-appellant during pendency of the appeal.