BHAVESH ARVIND BHAI PATEL AND OTHER Vs. STATE

JUDGEMENT

(1.) Heard on the applications for suspension of sentence.

(2.) Learned counsel for the applicants submit that the learned trial Court has drawn conclusions on probabilities to connect the applicants with the crime. It is after going against the principles of criminal jurisprudence. It has been held that the prosecution need not to prove the case to the hilt or beyond doubt, rather, the conviction can be made on the probabilities. The aforesaid finding has been given in para No. 2157. The aforesaid itself is a ground to hold conviction to be illegal.

(3.) It is further stated that against applicant-Bhavesh Arvind Bhai Patel, no evidence has come to connect him in the incident with the crime of bomb blast at Dargah area at Ajmer other than to show i.e. Mobile No. 9879104778 was switched off at 8.17 AM from 10.10.2007 till 12.10.2007 at 7.19 AM and that he was absconding till his arrest from Khan Market/Lodi Marg. The trial Court earlier recorded finding at para No. 2044 to the effect that prosecution could not prove that accused absconded after knowing about his implication in the crime. Thus, the second ground to connect the accused with the crime is also not made out. Keeping the mobile switched off for two days or to abscond cannot be such an evidence to connect the applicant with the incident of bomb blast.