GOKALARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.

(2.) Sr. Advocate Shri Mahesh Bora assisted by Mr. Nishant Bora, appearing for the appellants submits that at the time of recovery both the appellants were not present and the recovery was made from the possession of the co-accused Balwantdan. On the statement of co-accused Balwantdan, the present appellants were arrested by the Police. Sr. Counsel further submits that there is no other connecting evidence against the present appellants. The appellant No. 1 Gokalaram S/o Simartharam is inside the jail since 28/4/2010 and the appellant No. 2 Gokalaram S/o Ramaram was on bail during the trial. In such circumstances, the sentence of the appellants may be suspended and the appellants may be released on bail.

(3.) Learned AAG has opposed the prayer made by the learned counsel for the appellants and submits that in his statement the co-accused Banwaltdan has specifically named the present appellants, hence there is ample evidence against the appellants.