The Rajasthan High Court suspended the sentence of two men convicted of offences including Section 304/34 IPC, noting that they had already undergone more than three years of imprisonment against a ten-year sentence and that their appeal was not likely to be heard soon.
The Bench took note of the deposition of the Prosecution Witness, the injured eyewitness and brother of the deceased, who admitted that he named the accused based on newspaper reports, and whose statement was recorded after a delay of 14 days. The Court also considered the defence plea that there was no prior enmity between the parties, no motive attributed, and that the incident appeared to have arisen out of a free fight where the fatal injury was caused by a brick blow.
Opposing the plea, the State argued that the accused were named in the FIR and that the victim had died the same day. After hearing both sides, the Bench held that the circumstances justified suspension of sentence pending appeal. The execution of the sentence was accordingly stayed, and the applicants were directed to be released on bail to the satisfaction of the Trial Court, with an obligation to appear before the High Court on 19 December 2025, and whenever required thereafter.
Appearances
For Petitioners: Mr. Nishant Bora
For State: Mr. Deepak Choudhary, AAG
For Complainant: Mr. Nishant Gaba, Mr. Avik Aggarwal
