Rajesh Kumar @ Raju vs State of Rajasthan

Heard the learned Counsel for the parties.

It is contended on behalf of the Appellant that FIR in the present case was lodged by eye-witness PW8 Chhitar Lal, who was declared hostile during trial of the case. Other eye-witness PW13 Jyoti is only 9 years of age and she came to depose statement before the Court from the custody of her maternal grand-father.

It is further contended that statement of PW13 Jyoti was not recorded by the Investigating Officer from 19.03.2007 to 28.03.2007, there is no other eye-witness of the incident to support the prosecution case, therefore, the sentence of imprisonment awarded to the Appellant by the trial Court be suspended during pendency of the appeal.

Learned Counsel for complainant as well as learned Public Prosecutor, both opposed the bail application.

We have considered the submissions of learned Counsel for the parties, 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 Rajesh Kumar @ Raju S/o Shri Banshilal, by caste Luhar, R/o Parliya, at present R/o Simliya, Police Station Simliya, District Kota, passed by the Additional Sessions Judge (Fast Track) No. 1, Kota vide impugned judgment dated 15.12.2008 in Sessions Case No. 85/2007 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 06.12.2010 and as and when he is called upon to do so.