Rajasthan High Court - Jodhpur
Pappu @ Maksood Khan vs State Of Rajasthan on 13 December, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1013/2022
Pappu @ Maksood Khan S/o Jahrudeen @ Tida Mev, Aged About
32 Years, R/o Bhandara, P.s. Jurehara, District Bharatpur. (At
Present Lodged At Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.K. Charan
For Respondent(s) : Mr. Gaurav Singh - PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
13/12/2022
Heard learned counsel for the accused-appellant as well as
learned Public Prosecutor on the application for suspension of
sentence. Perused the judgment and order impugned and the
material available on record.
It is submitted by learned counsel for the accused-appellant
that the appellant is not named in the FIR but he had not been
kept veiled while effecting arrest. The identification parade
conducted by the prosecution is vitiated on this ground alone
because the face of the appellant was open right from the date of
his arrest. It is further submitted that the officer before whom the
identification parade was conducted has not been produced in the
evidence during the trial. He was apprehended after passing of
one year of the incident and nothing has been recovered from
(2 of 3) [SOSA-1013/2022]
him. He has served almost five years in prison. He was given the
benefit of bail even during the course of trial. The matter has
already been admitted for the purpose of re-appreciation of the
evidence adduced before the trial court but the hearing of appeal
is likely to take a long time and thus, in the given circumstances,
his further incarceration would not be justified in any manner.
Learned Public Prosecutor has vehemently opposed the
prayer regarding suspension of sentence. It is submitted that the
accused-appellant was identified in the parade but he does not
dispute the fact that the officer before whom the parade was
conducted has not been produced in the evidence during the trial.
Considering the submissions advanced by the learned
counsel for the parties, this Court deems it just and proper to
suspend the sentence awarded to the accused-appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Additional Sessions Judge,
Rajsamand vide judgment dated 29.06.2022 in Sessions Case
No.30/2014 (CIS No.198/2014) against the appellant-applicant
Pappu @ Maksood Khan S/o Jahrudeen @ Tida Mev shall remain
suspended till final disposal of the aforesaid appeal and he shall be
released on bail, provided he executes a personal bond in the sum
of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
court on 16.01.2023 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
(3 of 3) [SOSA-1013/2022]
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their changed address to the trial Court as
well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s),
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-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were 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 applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(FARJAND ALI),J
151-AK Chouhan/-
Powered by TCPDF (www.tcpdf.org)
