BHAWANI SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This third application seeking suspension of sentence is filed by the applicant-Bhawani Singh, who has been convicted for offences under Sections 307/149, 148, 323/149, 326/149, 353/149 and 333/149 IPC and sentenced to suffer life imprisonment vide judgment dated 20.9.19 passed by the Additional Sessions Judge No.4, Jodhpur Metropolitan in Session Case No.222/12 (75/05).

(2.) First application seeking suspension of sentence filed by the applicant was dismissed by this Court vide order dated 20.1.20, as not pressed. On second application seeking suspension of sentence filed by the applicant, the suspension of sentence as prayed for was declined by this Court vide order dated 19.10.20,however, the sentence was temporarily suspended for a period of three months.

(3.) After availing the temporary release on medical ground, the applicant surrendered before the Superintending Jail, Jodhpur. Now, as per the medical report submitted by the learned Public Prosecutor, the applicant is presently undergoing the treatment of COVID Management Committee in Mahatama Gandhi Hospital, Jodhpur. Confronted with medical report, the learned counsel appearing for the applicant submits that the applicant is not pressing for release on medical ground. It is submitted that applications earlier preferred by the applicant were not decided on merits and therefore, present application seeking suspension of sentence deserves to be considered by this Court on merits. Accordingly, the application preferred by the applicant is being considered by the Court on merits and not on medical ground.