Gulam Abbas vs State Of Rajasthan
2022 Latest Caselaw 2642 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 825/2021

Gulam Abbas S/o Fida Ali, Aged About 57 Years, B/c Bohra Musalman, R/o Pratapgarh, P.S. Pratapgarh, District Pratapgarh.

(Lodged At District Jail, Chittorgarh).

---- Applicant

Versus

The State Of Rajasthan

----Respondent

CONNECTED WITH D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 669/2021

Prem Mohan S/o Sh. Chiman Kumar, Aged About 60 Years, B/c Somani, R/o Pratapgarh, District Pratapgarh (Raj.

(Presently Lodged In District Jail, Chittorgarh)

---- Applicant

Versus

State Of Rajasthan, Through Public Prosecutor

----Respondent

For Applicant-Gulam Abbas : Mr. J.S. Choudhary, Sr. Advocate assisted by Mr. Vijay Kumar Gaur

For Applicant-Prem Mohan : Mr. Vineet Jain, Sr. Advocate assisted by Mr. Ashok Kumar and Mr. Rajesh Bishnoi

For Respondent(s) : Mr. B.R. Bishnoi, P.P.

For Complainant(s)                 : Mr. Pradeep Shah





                                         (2 of 4)                [SOSA-825/2021]


            HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

15/02/2022

Heard learned counsel for the parties on suspension of

sentence applications and perused the material available on

record.

Learned counsel for the applicants have submitted that the

Sessions Judge, Chittorgarh (hereinafter to be referred as 'the trial

court') has grossly erred in convicting and sentencing the accused

applicants for the offences punishable under Sections 120-B,

302/120-B and 460/120-B IPC. It is argued that the trial court has

failed to consider that the prosecution has failed to produce

cogent evidence that the accused applicants hatched a conspiracy

with the main accused persons to committee murder of the

deceased. It is submitted that the trial court is swayed by the fact

that the accused applicants were the property dealers and dealing

in the land transactions in Pratapgarh Town, in which the deceased

was also having some interest.

It is further submitted that there is no iota of evidence

available on record to suggest that there was meeting of mind of

the accused applicants with the other accused persons, who were

involved in commission of crime. It is also submitted that the

accused applicants were enlarged on bail during trial and at

present they are in custody since October 2021, whereas the

hearing of the appeals preferred by them will take time, therefore,

the sentence awarded by the trial court be suspended.

(3 of 4) [SOSA-825/2021]

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently opposed the suspension of sentence

application preferred on behalf of the accused applicants and

argued that the prosecution has produced sufficient evidence to

prove that the accused applicants hatched a conspiracy with the

main accused persons which resulted into murder of the deceased.

Learned counsel for the complainant has also submitted that

a young advocate was murdered brutally and taking into

consideration the above facts and circumstances of the case, it is

not a fit case where the sentence awarded by the trial court to the

accused applicants be suspended.

Having considered the totality of facts and circumstances of

the case and also taking into consideration the fact that the

accused applicants were enlarged on bail during the trial and there

is no possibility that the appeals preferred by them are heard in

near future, we consider it just and proper to suspend the

substantive sentence awarded to the accused applicants.

Accordingly, these suspension of sentence applications filed

under Section 389 Cr.P.C. are allowed and it is ordered that the

substantive sentence passed by the trial court vide judgment

dated 01.10.2021 in Sessions Case No.34/2009 against applicants

Gulam Abbas S/o Fida Ali and Prem Mohan S/o Chiman

Kumar shall remain suspended till final disposal of the aforesaid

appeal, provided each of them executes a personal bond in a sum

of Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for their appearance in this

court on 14.03.2022 and whenever ordered to do so, till the

(4 of 4) [SOSA-825/2021]

disposal of the appeal on the conditions indicated below:-

1. That they will appear before the trial Court in the

month of January of every year till the appeal is

decided.

2. That if the applicants changes the place of

residence, they will give in writing 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,

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-applicants in a separate file. Such file be registered as

Criminal misc. Case related to original case in which the accused-

applicants 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 applicants do not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(VINOD KUMAR BHARWANI),J (VIJAY BISHNOI),J

Abhishek Kumar S.Nos.1-2

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