Vir Singh And Ors vs State Of Rajasthan

Heard on the application for suspension of sentence.

Learned counsel for the applicants-appellants submits that no evidence exists against the applicants for commission of offence under Section 302 IPC. The allegation against accused- Vir Singh is about disclosure of the place where dead body was thrown and, against other accused- Rajendra, to carry the dead body in the vehicle belonging to him. In a case of circumstantial evidence, prosecution need to bring chain of evidence to connect the accused with the crime. In the instant case, so far as accusedVir Singh and Rajendra are concerned, chain could not be brought. The dead body was recovered by the police much prior to disclosure made by accused- Vir Singh and so far as other accused- Rajendra is concerned, he has been connected only by the vehicle without any other incriminating evidence against him. The prayer is to suspend the sentence during pendency of the appeal as otherwise accused were on bail during trial.

Learned Public Prosecutor has opposed the application. He submits that similar application of other co-accused has been dismissed by this court. It is despite the fact that they were on bail during trial. The prayer is to dismiss the present application as well.

We have considered rival submissions of the parties.

The applicants have been connected with the crime based on disclosure of the place where dead body was thrown and for use of vehicle, in which dead body was carried. Other than the aforesaid, no other incriminating evidence has been brought against these two applicants thus without making further comment on the facts of the case, we find that a case for suspension of sentence is made out.

Accordingly, application for suspension of sentence is allowed and it is ordered that sentence awarded to accused-appellants No. (1) Vir Singh S/o Shri Dev Karan Ahir (2) Rajendra S/o Shri Khem Ram Yadav by learned Sessions Judge, Behror in Sessions Case No. 39/2012 (30/2012) shall remain suspended during pendency of the appeal and they be released on bail provided they furnish a personal bond in the sum of Rs.50,000/- each with one surety in the like amount to the satisfaction of the learned trial court with the stipulation that they shall appear before this court on 11.02.2019 and whenever called upon to do so.