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SHANKAR SINGH @ PAPPU SINGH versus STATE

High Court of Rajasthan

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SHANKAR SINGH @ PAPPU SINGH v STATE - CRLAB Case No. 80 of 2007 [2007] RD-RJ 2626 (11 May 2007)

D. B. Cr. Misc. II Appl. for Suspension of Sentence No.80/2007

In

D.B. Criminal Appeal No.777/2005

Date : 11.05.2007

HON'BLE MR. JUSTICE SATYA PRAKASH PATHAK

HON'BLE MR. JUSTICE DEO NARAYAN THANVI

Mr. Shambhoo Singh for applicant.

Mr. V.R. Mehta, Public Prosecutor.

Heard learned counsel for the applicant as well as learned Public Prosecutor and perused the judgment impugned.

The contention of learned counsel for the applicant is that in the light of statements of PW1 and PW5 Doctor, it appears that injuries were not caused by the blunt object because it was cut wound. It has been submitted that PW1 has completely changed the version in his statement, therefore, the petitioner should be considered for bail.

On the other hand, learned Public Prosecutor has opposed the bail application.

We have perused the statements of PW1 and PW5 and also their cross-examinations. In the statements as well as in the

First Information Report, it appears that the applicant has been attributed 'Lathi' blow on the person of the deceased. In the cross- examination, when a question was put to the Doctor, he replied that the injury was possible by blunt object.

In view of above, we do not feel inclined to suspend the sentence of the applicant. The application for suspension of sentence, therefore, stands rejected.

( DEO NARAYAN THANVI ), J. (SATYA PRAKASH PATHAK), J.


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