SHANKAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties on the application for suspension of sentence.

(2.) Learned counsel for the appellant/applicant has submitted that the trial court has committed error while convicting the appellant for the offence under Sec. 307 of IPC. Learned counsel while inviting our attention towards the statement of Investigating Officer (PW-13) has submitted that from his statement, it is clear that only one firearm i.e. pistol has been recovered in the case and that too from co-accused Birbal and not from the present appellant. It is further submitted that there is no allegation against the appellant of firing any gunshot. It is also submitted that the injuries sustained by the injured persons are simple in nature and in such circumstances, it cannot be said that the appellant is guilty of committing offence under Sec. 307 IPC. It is further submitted that during trial the appellant was on bail and as of now, he has served out a sentence of around 6 years and 8 months. It is further submitted that there is every likelihood that hearing of the appeal filed by the appellant is likely to take time, therefore, the sentence awarded to him by the trial court may be suspended

(3.) Learned Public Prosecutor has opposed the application for suspension of sentence and argued that this Court vide order dtd. 5/2/2020 has rejected the application for suspension of sentence filed on behalf of the appellant while observing that prima facie case for offence under Sec. 307/34 IPC is made out. It is further argued that involvement of the appellant in commission of crime is writ large, hence, his sentences are not liable to be suspended. 5. Having heard learned counsel for the parties; after going through the record and particularly taking into consideration the fact that the appellant was on bail during trial and has served out sentence of around 6 years and 8 months till date; without expressing any opinion on the merits of the case, we deem it appropriate to suspend the sentences awarded to the appellant. 6. Accordingly, this application for suspension of sentence filed under Sec.389 Cr.P.C. is allowed and it is ordered that the sentence passed by learned Additional Sessions Judge No.3, Bikaner vide judgment dtd. 19/11/2019 in Sessions Case No.34/2012 against applicant-appellant Shankar Lal S/o Shri Shivratan shall remain suspended till final disposal of the appeal, provided he executes a personal bond in the sum of Rs.50,000.00 with two sureties of Rs.25,000.00 each to the satisfaction of the learned trial court for his appearance in this Court on 21/9/2023 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-