DEEPAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail applications have been filed under Sec. 389 of the Cr.P.C. for suspension of sentence awarded to the appellants by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta in Sessions Case No. 13/2014 vide judgment dtd. 11/2/2019 whereby the Special Judge has convicted and sentenced the appellants for offence under Ss. 304/34 Part-I, 201/34 and 325/34 IPC.

(2.) Learned counsel for the appellants submitted that according to the prosecution witnesses, accused gave beating to the deceased by lathis and fist blows whereas a perusal of the Postmortem Report Exhibit-P/36 shows that deceased received single injury. No other injury was found on the body of the deceased. Learned counsel further submitted that though the lathis were recovered from the possession of the appellant but no blood was found on the lathis. It is further submitted that accused-appellant Deepak @ Deepu @ Deepraj is inside the jail since 14/12/2013 and accused-appellant Raju @ Rajendra is in judicial custody since 21/6/2014. The hearing of the appeal will take sufficient long time, therefore, the sentence awarded to the appellants may be suspended during the pendency of the appeal.

(3.) Learned Public Prosecutor has opposed the prayer of the appellants.