GHEWARRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant applicant herein stands convicted and sentenced as below vide judgment dtd. 21/2/2022 passed by the learned Additional Sessions Judge, Bilara, District Jodhpur in Sessions Case No.96/2020 (18/2012) CNR No.RJJR-13-000460- 2020: <IMG>JUDGEMENT_435_LAWS(RAJ)5_2022_1.jpg</IMG>

(2.) All the substantive sentences were ordered to run concurrently. The instant application for suspension of sentences under Sec. 389 Cr.P.C. has been filed on behalf of the applicant appellant seeking release on bail during pendency of the appeal. We have heard learned counsel representing the applicant appellant and the learned Public Prosecutor and perused the impugned Judgment and the material available on record.

(3.) Learned counsel Shri Girish Choudhary representing the appellant, vehemently and fervently urged that there is hardly any evidence worth the name of the record so as to connect the appellant with the crime. The incident involves house breaking by the night, dacoity and triple murder in the house of Shri Mangla Ram Dewasi at the Village Baag Ki Dhani, Bilara which took place in the night intervening 13/14/1/2012. Smt. Dhagli and Dariyav survived the assault whereas Dakhu Devi, Sangeeta and Ratna Ram lost their lives. Sangeeta before she expired identified one of the assailants namely Salim. However, she did not identify the appellant herein. The appellant has been convicted in this case merely on the basis of recovery of his blood stained clothes. Shri Choudhary urged that the recovery was effect after significant delay and thus, it is unbelievable that the appellant would have preserved the worthless incriminating articles for the same to be recovered by the police at a later stage. On these grounds, Shri Girish Choudhary implored the Court to accept the application for suspension of sentences and direct enlargement of the appellant on bail, during pendency of the appeal.