Mukesh vs State of Rajasthan

Heard learned Counsel for the parties.

It is contended on behalf of Appellant that initially allegation against the Appellant was that he inflicted injury by ''Kulhari'', but during investigation a ''Lathi'' was recovered at the instance of Appellant, informant Smt. Guddi, wife of deceased, was declared hostile during trial, there is only one injury inflicted by blunt object, incident took place all of a sudden without any premeditation of mind, the Appellant has already remained in jail for about two years, therefore, looking to all the facts and circumstances of the case, sentence of imprisonment awarded by the trial Court against the Appellant may be suspended during pendency of this appeal.

Learned Public Prosecutor has not disputed the above factual submissions of learned Counsel for Appellant, but opposed the bail application.

After considering all the facts and circumstances of the case, but without expressing any opinion on the merit 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 Mukesh S/o Heera Lal, passed by the Additional Sessions Judge (Fast Track) No. 2, Kota vide impugned judgment dated 28.05.2010 in Sessions Case No. 78/2009 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.