Bhuru Khati @ Shakeel S/O Abdul ... vs State Of Rajasthan Through Pp
2021 Latest Caselaw 7006 Raj/2

          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

(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

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