CHAINA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant-applicant and learned Public Prosecutor on the application for suspension of sentence. Perused the material available on record.

(2.) Learned Public Prosecutor is not desirous of filing reply to the application seeking suspension of sentences despite opportunity and proposes to argue the case orally.

(3.) The contention of Mr. O.P. Rajpurohit, learned counsel representing the applicant-appellant Chaina Ram in support of the prayer for suspension of sentences awarded to the applicant was that the prosecution failed to prove even a solitary circumstance so as to link the accused with the murder of Bora Ram. The evidence of the witness of the last seen is not reliable and the recoveries are manipulated. The incident is of 27/9/2012. The accused was not named in the FIR and was a free bird till he was arrested as late as on 11/10/2012 and thus, it is impossible to believe that he would preserve the articles and retain the same so that they can be recovered later on and used as incriminating evidence against him. He urged that since the appellant has been in custody for last nearly six years and he deserves indulgence of bail while suspending his sentences during pendency of the instant appeal.