Rajasthan High Court - Jodhpur
Yunus Chaggu vs State on 1 February, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 746/2020
1. Yunus Chaggu S/o Harum, Aged About 35 Years, R/o
Ward No. 23, Nohar Tehsil Nohar Dist. Hanumangarh
(Presently Lodged In District Jail, Hanumangarh)
2. Syakar S/o Saffi Mohammad, Aged About 35 Years, R/o
Ward No. 23, Nohar Tehsil Nohar Dist. Hanumangarh
(Presently Lodged In District Jail, Hanumangarh)
----Appellants
Versus
State, Through Pp
----Respondent
For Appellant(s) : Mr. Shree Kant Verma for Appellant
No.1
Mr. Vikas Bijarnia for Appellant No.2
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. Manoj Kumar Pareek, for the
complainant.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
01/02/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
Heard learned counsel for the parties on S.B. Criminal
Suspension of Sentence Application No.687/2020.
Learned counsel appearing on behalf of appellant No.1-Yunus
@ Chaggu submits that there were cross cases and the
compromise has happened between the parties. He further
submits that the counsel for the complainant is present and does
not oppose the suspension of sentence application.
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Learned counsel appearing on behalf of appellant No.2-
Syakar, submits that no direct role has been attributed to him of
causing the serious injuries. He further submits that there is no
recovery from the appellant No.2 and also there are no previous
criminal antecedents of appellant No.2.
Learned Public Prosecutor opposes the suspension of
sentence application on the ground that not only there is a
conviction but there are previous criminal antecedents of appellant
No.1-Yunus @ Chaggu. He further submits that a compromise in
Section 307 IPC simply cannot be accepted in light of the
precedent law laid down by the Hon'ble Apex Court in The State
of Madhya Pradesh Vs. Laxmi Narayan & Ors. (Criminal
Appeal No.349 of 2019) on 05.03.2019.
Looking into the peculiar facts and circumstances where
there are no injuries caused, this Court is inclined to suspend the
substantive sentence awarded to the accused-appellant No.2-
Syakar. However, the suspension of sentence application qua
appellant No.1-Yunus @ Chaggu is dismissed with liberty to file
fresh after some substantial custody period is undergone.
Accordingly, this S.B. Criminal Suspension of Sentence
Application No.687/2020 filed under Sec.389 Cr.P.C. qua appellant
No.1-Yunus @ Chaggu is dismissed with liberty as sought for.
However, this suspension of sentence application under Section
389 Cr.P.C. qua appellant No.2-Syakar is allowed and it is
ordered that the substantive sentence passed by the trial court
vide judgment dated 25.08.2020 in Sessions Case No.35/2014
(21/14) CIS No.109/2014) against appellant Syakar S/o Saffi
Mohammad shall remain suspended till final disposal of the
aforesaid appeal, provided he executes a personal bond in the
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sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
court on 01.03.2021 and whenever ordered to do so, till the
disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellant changes the place of
residence, he will give in writing his changed
address to the trial Court as well as to the counsel
in the High Court.
3. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
The learned trial Court shall keep the record of attendance of
the accused-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
appellant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused-appellant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J.
141-Zeeshan
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