Sayeed Muzzamil Hussain @ Tipu vs State Of Rajasthan
2022 Latest Caselaw 2590 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 809/2021

Sayeed Muzzamil Hussain @ Tipu S/o Shri Sayed Inayat Hussain, Aged About 23 Years, R/o Champapura Ghati, Dungarpur. (At Present Lodged In Central Jail, Udaipur).

                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Suresh Kumbhat
For Respondent(s)        :     Mr. Anil Joshi, GA cum AAG assisted
                               by Ms. Kamla Goswami



         HON'BLE MR. JUSTICE MANOJ KUMAR GARG
          HON'BLE MR. JUSTICE RAMESHWAR VYAS

                                    Order

14/02/2022

Heard the learned counsel for the parties on the second

application for suspension of sentence.

Counsel for the appellant submits that Suryaveer Singh (PW-

7) in his statement has specifically assigned the injuries caused on

the vital part of the deceased to co-accused Sultan and the

present appellant has only inflicted knife injuries on the right

shoulder and left thigh of the deceased. Counsel further submits

that Dr. Rajesh Saraiya (PW-19) has specifically deposed that the

fatal injuries are injuries No.3 & 4 i.e. stabbed injuries on the left

nipple and right ribs of the deceased. Counsel submits that these

injuries were assigned to co-accused Sultan and not to the present

appellant. Counsel further submits that the appellant is inside the

custody since 11 years, 7 months and 15 days and hearing of the

(2 of 3) [SOSA-809/2021]

appeal will take sufficient long time. In these circumstances, the

sentence of the appellant may kindly be suspended and he may be

released on bail.

Per contra, learned AAG has vehemently opposed the prayer

for suspension of sentence.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case including the facts that the appellant is in custody

since since 11 years, 7 months and 15 days and after rejection of

the first application for suspension of sentence on 15.09.2017, the

hearing of the appeal has not taken place, we are of the opinion

that it is a fit case for suspending the substantive sentences

awarded to the accused appellant.

Accordingly, the second application for suspension of

sentence filed under Section 389 Cr.P.C. is allowed and it is

ordered that the substantive sentence passed by the learned

Additional District & Sessions Judge, Dungarpur vide judgment

dated 05.07.2017 in Sessions Case No.34/2010 (CIS No.471/14)

against the appellant-applicant Sayeed Muzzamil Hussain @ Tipu

S/o Shri Sayed Inayat Hussain 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 21.03.2022

and whenever ordered to do so till the disposal of the appeal on

the conditions indicated below:-

1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

(3 of 3) [SOSA-809/2021]

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.

(RAMESHWAR VYAS),J (MANOJ KUMAR GARG),J

1-MS/-

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