KHURSHID KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the material available on record.

(2.) Learned Public Prosecutor has chosen not to file reply to the application for suspension of sentence and proposes to argue the matter orally.

(3.) The contention of Mr. Pankaj Gupta, learned counsel for the appellant-applicants in support of the prayer for suspension of sentences awarded to the accused appellants Khurshid Khan and Bashir Khan was that the sentences awarded to the similarly situated co-accused Jahangir Khan have been suspended by this court. He further submitted that the prosecution has indulged in wholesome over-implication of the accused-applicant while lodging the FIR and deposing before the court. The principal accused named in the FIR, namely, Nabbu Khan, was not charge-sheeted by the police after investigation. He further urges that so far as the accused applicant Khurshid Khan is concerned, he was allegedly armed with lathi and as per the medical evidence, all the injuries caused to the deceased Mani Ram were caused by gunshots. He, thus, urges that apparently the accused Khurshid Khan has been falsely implicated in this case. Regarding the accused Bashir Khan, the contention of Mr. Gupta was that as against this accused, the star prosecution witness Brij Lal (P.W.5) has levelled an omnibus allegation and hence, this accused deserves the indulgence of bail during the pendency of the appeal.