Rajasthan High Court - Jodhpur
Jameel Khan vs State Of Rajasthan on 25 February, 2022
Bench: Sandeep Mehta, Vinod Kumar Bharwani
(1 of 3) [SOSA-105/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 105/2022
In
D.B.Criminal Appeal No.624/2016
Jameel Khan S/o Sher Mohammad Khan, Aged About 57 Years,
R/o Swamiyan Ki Dhani, Sadulpur, Ward No. 13, Rajgarh Dist.
Churu, Rajasthan. (At Present Lodged In Dist. Jail, Churu).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Shreekant Verma
For Respondent(s) : Mr. B.R.Bishnoi, P.P.
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
25/02/2022
The instant application for temporary suspension of sentence
under Section 389 CrPC has been preferred on behalf of the
appellant-applicant Jameel Khan S/o Sher Mohammad Khan, who
has been convicted and sentenced for the offence under Section
302 IPC vide judgment dated 13.06.2016 passed by the learned
Additional Sessions Judge, Rajgarh, District Churu in Sessions
Case No.55/2013.
The appellant seeks temporary bail on the ground that his
son Mohammad Javed passed away in an accident while working
in a Middle East Country and that the claim which has to be filed
for seeking compensation has to be signed by the appellant being
the legal heir of Shri Javed.
(2 of 3) [SOSA-105/2022]
Learned Public prosecutor has pointed out that the appellant
has been convicted for the murder of his own wife. Shri Javed was
the first informant of the case and gave statement against the
appellant during trial. As per the factual report submitted on
record, Shri Javed is survived by his wife and daughter, who are
entitled to get 25% each of the body claim pursuant to death of
Shri Javed, whereas the parents are entitled to remaining 50%
claim amount. However, since Javed's mother has been murdered
by the appellant, apparently, if the claim is allowed, the appellant
would get access to 50% of the body claim, which in the present
facts and circumstances of the case is totally unwarranted.
The appellant's counsel submits that his client is ready to
furnish an undertaking that out of the 50% claim amount which
would be sanctioned in favour of the appellant, he is ready to
forego half of the said amount in favour of the wife and daughter
of Shri Javed.
In view of these facts, we hereby direct that the appellant
shall furnish an undertaking supported by an affidavit in the trial
court as also before the Sub Divisional Officer, Rajgarh, District
Churu that upon the body claim of Shri Javed being sanctioned,
50% of the amount as may be awarded to the appellant shall be
transferred into the account of wife of late Shri Javed. The SDM,
Churu shall be authorized by the appellant to transfer this amount
no sooner the claim amount is received. Upon the appellant
furnishing such an undertaking, the sentence awarded to
appellant-applicant Jameel Khan S/o Sher Mohammad Khan by
learned Additional Sessions Judge, Rajgarh, District Churu in
Sessions Case No. 55/2013 vide judgment dated 13.6.2016 shall
remain suspended for a period of 15 days from the date of his
(3 of 3) [SOSA-105/2022]
actual release upon furnishing a personal bond in the sum of
Rs.2,00,000/- and two sound and solvent sureties of
Rs.1,00,000/- each to the satisfaction of the trial court. The
applicant appellant shall surrender before the Superintendent,
District Jail, Churu in the morning of the next day of completion of
the period of temporary bail.
The application for temporary suspension of sentence is
allowed in these terms.
(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J
24-RP/-
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