JABBAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is the bail application under Section 389 of the Cr.P.C. preferred on behalf of accused-applicant for suspension of sentence awarded to him by learned Additional Sessions Judge No.4, Jodhpur Metro in Sessions Case No.222/2012 [75/2005] vide judgment dated 20.09.2019, vide which, he has been convicted and sentenced for offence under Sections 148, 323/149, 307/149, 326/149, 353/149, 333/149 IPC and Section 3 of PDPP Act.

(2.) Learned counsel for the appellant has submitted that the trial court has erred in convicting and sentencing the applicant-Jabbar Singh for the offence punishable under Section 307/149 IPC. It is argued that the injured witnesses, namely, PW-1 to PW-3 has not named the applicant even in their police statements as well as the statements before the Court. No specific role has been assigned to the applicant. It is further argued that though PW-23, Vijay Joshi, has named the aplicant in his examination-in-chief but has failed to disclose the specific role of the applicant in commission of the crime. It is further argued that the applicant has falsely been implicated in this case on the basis of information given by co-accused-persons while they were in custody. It is also submitted by learned counsel for the applicant that the applicant-Jabbar Singh was on bail during the trial.

(3.) Learned Public Prosecutor has opposed the bail application. Having heard the learned counsel for the applicant and after going through the statements of the injured witnesses PW-1 to PW-3, without expressing any opinion on the merit of the case, this Court deems it proper to suspend the substantive sentence of the applicant.