HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. 2nd Suspension of Sentence Application
No.463/2021
In
D.B. Criminal Appeal No.488/2018
Manju @ Faimuddin S/o Azemuddin, R/o Tabela Road, Jhalawar
Dist. Jhalawar (Raj.).
(At Present Confined in Central Jail Kota)
----Accused-Appellant
Versus
State of Rajasthan Through PP, Raj.
----Respondent
For Appellant(s) : Mr. Govind Prasad Rawat, Advocate For Respondent(s) : Mr. N.S. Gurjar, PP HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 29/11/2021 This 2nd suspension of sentence application has been filed by the accused appellant under Section 389 CrPC.
Learned counsel for the accused applicant submits that sentence of co-accused Bhuru Khati @ Shakeel S/o Abdul Rauf has already been suspended by this Court vide its order dated 31.3.2021 passed in D.B. Cr. Misc. Bail (Suspension of Sentence) Application No. 274/2021 and the case of the accused applicant in on better footing than that of co-accused Bhuru Khati @ Shakeel. He further submits that the accused applicant was on bail during trial. He has drawn the attention of the Court towards the statement of PW-4 Saurabh Agarwal and submits that wallet was recovered from the place of incident and not from the accused (Downloaded on 29/11/2021 at 09:42:17 PM) (2 of 2) [463 2nd SOS 2021 in CRLAD-488/2018] applicant. It is a case of circumstantial evidence and chain of circumstantial evidence is not complete. He further submits that the accused applicant is behind the bars since long and the disposal of the appeal is likely to take long time, hence he may be enlarged on bail.
On the other hand, learned PP appearing for the State has opposed the same.
Taking into consideration the facts and circumstances of the case and more particularly in view of the fact that sentence of co-accused Bhuru Khati @ Shakeel S/o Abdul Rauf has already been suspended by this Court vide its order dated 31.3.2021 and the wallet was recovered by the police from the place of incident and not from the accused applicant, without expressing any opinion on the merits and demerits of the case, we are inclined to suspend the sentence of the accused applicant.
Accordingly, this 2nd suspension of sentence application is allowed and it is ordered that the sentence awarded to the accused applicant Manju @ Faimuddin S/o Shri Ajimuddin by the trial court vide judgment dated 30.10.2018 in Sessions Case No. 51/2013 shall remain suspended during the pendancy of the appeal, provided he furnishes a personal bond in the sum of Rs. 1,00,000/- with two sureties in the sum of Rs. 50,000/- each to the satisfaction of the trial court with the stipulation that he shall appear before this Court on 5th January, 2022 and thereafter as and when called upon to do so.
(NARENDRA SINGH DHADDHA),J (PRAKASH GUPTA),J KuD/1 (Downloaded on 29/11/2021 at 09:42:17 PM) Powered by TCPDF (www.tcpdf.org)