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RATAN LAL & ORS. versus STATE

High Court of Rajasthan

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RATAN LAL & ORS. v STATE - CRLAB Case No. 523 of 2006 [2006] RD-RJ 1434 (4 July 2006)

1. D.B. CRIMINAL MISC. BAIL APPLICATION (SUSPENSION OF

SENTENCE) NO.450/2006

IN

D.B. CRIMINAL APPEAL NO.391/2006 2. D.B. CRIMINAL MISC. BAIL APPLICATION (SUSPENSION OF

SENTENCE) NO.523/2006

IN

D.B. CRIMINAL APPEAL NO.446/2006

DATE OF ORDER : 04.07.2006

HON'BLE MR. JUSTICE N.N.MATHUR

HON'BLE MR. JUSTICE R.P.VYAS

Mr. Shambhoo Singh } for the appellants.

Mr. Deepak Menaria }

Mr. O.P.Rathi, Public Prosecutor.

We have heard Mr.Deepak Menaria and Mr. Shambhoo

Singh, learned counsel for the appellant in D.B. Criminal Appeal

No.391/2006 (Uda V/s State) and D.B. Criminal Appeal

No.446/2006 (Ratan Lal and anr. V/s State) respectively. We have also heard learned Public Prosecutor and perused the record.

It is contended by the learned counsel for the appellants that testimony of three witnesses is not trustworthy and they have improved their statements from time to time. The learned counsel for the appellants have taken us to the statements of three witnesses. It is also submitted that it is highly improbable that the appellant Ratan Lal will be a party to commit murder of his own son. On the other hand, it is submitted by the learned

Public Prosecutor that evidence of three eye witnesses corroborated by other evidence of recovery has been appreciated in depth and detail by the learned Trial Judge.

Without expressing any opinion on merits of the case, we are of the opinion that it is not a fit case for suspension of sentence.

Accordingly, the applications for suspension of sentence filed on behalf of Uda S/O Sh. Lala Garasiya, Ratan Lal s/O Kalla

Garasiya and Heera S/O Sh. Vaisa Garasiya stand rejected.

(R.P.VYAS), J. (N.N.MATHUR),J. s450


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