Mahavir vs State of Rajasthan

Heard learned Counsel for the parties.

It is argued on behalf of Appellant that in this case there is no eye-witness, entire prosecution case is based on circumstantial evidence, particularly evidence of PW13 and PW14 about last seen of accused with the deceased, but a bare perusal of statement of PW11 Dr. Salimuddin Qureshi will show that there was no grievous injury on the person of deceased, as per post-mortem report (Ex.P8), the cause of death was rupture of spleen, the Appellant has already remained in jail for about five years and there is no possibility of hearing of appeal at an early date, therefore, sentence of imprisonment awarded by the trial Court may be suspended during pendency of this appeal.

Learned Public Prosecutor opposed the bail application, but admitted the factual aspect of the case, as stated by the learned Counsel for Appellant.

After considering all the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, we are inclined to allow this bail application and the same is hereby allowed.

It is, therefore, directed that sentence of imprisonment of Appellant Mahavir S/o Shri Bhairu Lal, passed by the Additional Sessions Judge (Fast Track), Jhalawar vide impugned judgment dated 26.09.2008 in Sessions Case No. 15/2007 shall remain suspended during the pendency of the appeal and he shall be released on bail provided he furnishes a personal bond in the sum of Rs. 50,000/-(Rs. Fifty thousand) with two sureties of Rs. 25,000/-(Rs. Twenty five thousand) each to the satisfaction of the trial Court to appear before this Court on 07.02.2011 and as and when he is called upon to do so.