1 D.B. Criminal Misc. Suspension of Sentence Application No. 96/2010 & D.B. Criminal(Suspension of Sentence) Application No. 490/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER (1) D.B. Criminal Misc. Suspension of Sentence Application No. 96/2010 In D.B. Criminal Appeal No. 569/2008 Laxmi Narayan Vs. The State of Rajasthan (2) D.B. Criminal (Suspension of Sentence) Application No. 490/2010 In D.B. Criminal Appeal No. 1092/2009 Rajesh @ Raja @ Takht Singh Vs. The State of Rajasthan. Date of Order: 12.01.2011 Hon'ble Mr. Narendra Kumar Jain,J. Hon'ble Mr. Raghuvendra S. Rathore,J. Mr. Sanjay Gangwal on behalf of Mr. Ali Mohd. Khan, for the accused-appellant Laxmi Narayan. Mr. Dinesh Singh, for accused appellant Rajesh @ Raja @ Takht Singh. Ms. Rekha Madnani, Public Prosecutor, for the State. Heard learned counsel for the parties. 2. Both the applications relate to one matter, therefore, they were heard together and are being disposed of by this common order. 3. It is argued on behalf of both the appellants that there is no direct evidence in the present case and entire prosecution 2 D.B. Criminal Misc. Suspension of Sentence Application No. 96/2010 & D.B. Criminal(Suspension of Sentence) Application No. 490/2010 case is based on circumstantial evidence. There is missing of chain and the appellants have been convicted only on the basis of last seen evidence of four prosecution witnesses, which is not sufficient in the facts and circumstances of the case, therefore, sentence of imprisonment of the appellants may be suspended during pendency of the appeal. 4. Learned Public Prosecutor opposed the bail applications. 5. We have examined the submissions of learned counsel for the parties. 6. There are four witnesses i.e. P.W. 1 Hemraj; P.W. 4 Gajanand; P.W.11 Sheeshram and P.W. 21 Shubh Karan, who have identified the appellants. There is other circumstantial evidence against the appellants, which has been discussed by the learned trial court. However, without expressing any opinion on merits and demerits of the case, we are not inclined to allow these applications and the same are, accordingly, dismissed. 7. A copy of this order be placed on record in connected file. (Raghuvendra S. Rathore),J. (Narendra Kumar Jain),J. Manoj