Bashir S/o Bachhu Khan vs The State of Rajasthan

Heard learned counsel for the parties.

Learned counsel for the accused applicants submits that

during trial applicants Bashir, Ali and Abdul Gaffar were on bail

and in the statement of eye witness PW--2 Babu Ram there is no

specific allegation against them for inflicting any particular injury.

Further, it is submitted that from accused applicants Ali and Abdul

Gaffar Lathis were recovered and there is no specific allegation

for inflicting injury by Lathis against them. It is also submitted

that although there is allegation for inflicting injury by Farsi, which

is a sharp edged weapon by the accused applicant Bashir, but

testimony of PW--2 Babu Ram is required to be disbelieved

because he was not present at the time of occurrence took place.

Learned Public Prosecutor as well as learned counsel for the

complainant submits that it is a case in which all the accused

persons lashed with sharp edged weapon Farsi and Lathis caused

grievous injuries to the deceased Aamdeen which resulted into the

death. It is also submitted that prosecution has proved its case

beyond reasonable doubt, therefore, accused applicants are not

entitled to be released on bail.

After hearing the learned counsel for the parties, we are of

the opinion that for inflicting injury by Farsi, which is sharp edged

weapon is against accused applicant Bashir and number of incised

wounds were found upon the body of the deceased, therefore, we

are not inclined to suspend the sentence of the accused applicant

Bashir.

Therefore, the bail application of accused applicant Bashir is

hereby rejected.

However, in view of the fact that Ali and Abdul Gaffar were

on bail during trial, so also, allegation against them is for inflicting

Lathi blow and only one lacerated wound was found upon the

body of the deceased for that there is no specific allegation,

therefore, the without commending on merits of the case, the

sentence awarded against the accused applicants Ali and Abdul

Gaffar deserves to be suspended.

Consequently, application for suspension of sentence filed on

behalf of (i) Ali son of Bachhu Khan and (ii) Abdul Gaffar son of

Kher Mohd. is hereby allowed and it is ordered that the sentence

awarded by learned Addl. Sessions Judge, Phalodi, District

Jodhpur vide its judgment dated 11.11.2016 in Sessions Case

No.17/2012 against the accused-appellants-applicants (i) Ali son

of Bachhu Khan and (ii) Abdul Gaffar son of Kher Mohd. shall

remain suspended till the final disposal of appeal preferred by

them and they may be released on bail provided they execute

personal bonds in the sum of Rs.50,000/- (Rupees Fifty thousand

only) each along with two sureties in the sum of Rs.25,000/-

(Rupees twenty Five thousand only) each to the satisfaction of the

trial court for their appearance in this Court on 27.2.2017 and

whenever called upon to do so.