FIROZ KHAN Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned Public Prosecutor. Perused the material available on record.

(2.) The appellants applicants herein stand convicted and sentenced vide judgment dtd. 16/2/2019 passed by the learned Special Judge, SC/ST Cases, Pali in Session Case No. 05/2004 (CIS No. 985/2014).

(3.) The contention of defence counsel in support of their prayer that the accused-appellants deserve indulgence of suspension of sentences during pendency of the appeal is that the incidents involving the alleged disappearance of the deceased Andaram by the accused is of 25/8/2013. The complaint was filed as late as on 31/8/2013. No explanation is forthcoming for the delay caused in filing of the complaint. Co-accused Sanjay Banjara, who was also named in the complaint, has been acquitted by the trial Court. They further urged that the accused appellants deserve indulgence of suspension of sentences considering the fact that they were arrested after significant delay from the alleged incident. They further urged that the recoveries made at the instance of the accused appellants are falsified because it cannot be believed that the accused would keep the blood stained articles secure with themselves so that the same could be recovered by the Police later and used against them in evidence. They thus urged that the appellants, who are in custody for last six years, deserve indulgence of bail as hearing of the appeal is likely to take time and thus, it is a fit case for suspending the sentence awarded to the accused by the trial Court.