Mohd. Ameen vs State
2022 Latest Caselaw 8288 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc. III Suspension of Sentence Application No.811/2021

In D.B. Criminal Appeal No. 690/2016

Mohd. Ameen S/o Yasin Khan, Age about 44 years, B/c Musalman, R/o Kamla Colony, Bikaner.

(presently lodged in High Security, Jail Gugara, District Ajmer)

----Appellant Versus State of Rajasthan

----Respondent

For Appellant(s) : Mr. H.S.S. Kharlia, Sr. Adv. assisted by Ms. Kinjal Purohit For Respondent(s) : Mr. R.R. Chaparwal, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE KULDEEP MATHUR Judgment / Order 27/06/2022

Heard learned counsel for the parties on the third application

for suspension of sentence.

Learned counsel for the appellant has submitted that the

appellant has been convicted by the trial court for the offence

punishable under Section 302/149 IPC. It is further submitted that

though, initially in the FIR as well as the police statement, the

appellant was not named as an accused, however later on, the

prosecution witnesses have alleged that the appellant was a

member of the gang, who attacked and murdered the deceased.

Learned counsel for the appellant has also submitted that the

appellant is also convicted for the offence punishable under

Section 5/25 of Arms Act, however, the maximum sentence for the

aforesaid offence is six months only. It is argued that the

(2 of 4)

appellant is in confinement since 11.03.2011, as such, today he

has already served out more than twelve years' sentence out of

the life imprisonment awarded to him by the trial court.

Learned counsel for the appellant has further submitted that

the Hon'ble Supreme Court in an application for Suspension of

Sentence preferred on behalf of one of the co-accused namely Dev

Kishan has requested the High Court to dispose of the appeal

preferred on his behalf within six months while granting him

liberty to move an application for Suspension of Sentence before

the Hon'ble High Court if the appeal is not decided within the

stipulated time. It is also submitted that since the appeal

preferred by the co-accused Dev Kishan was not decided by the

High Court within the stipulated time, he has moved an application

for Suspension of Sentence before a Coordinate Bench of this

Court and the Coordinate Bench vide order dated 04.05.2022 has

allowed the application for Suspension of Sentence essentially on

the ground that the above-named accused has served out

sentence of more than twelve years.

Learned counsel for the appellant has, therefore, submitted

that the present appellant is in custody from more than twelve

years and there is every likelihood that hearing of the appeal filed

the appellant will take time. Learned counsel for the appellant has,

therefore, prayed that the third application for Suspension of

Sentence (811/2021) may be allowed.

Per contra, learned Public Prosecutor has opposed the third

application for Suspension of Sentence preferred on behalf of the

appellant and argued that more than 50 criminal cases were filed

against the appellant, out of which, the trial is pending against the

appellant in more than 10 cases.

(3 of 4)

At this stage, learned counsel for the appellant has

submitted that out of all criminal cases, the appellant has already

been acquitted in 43 cases and he has not been convicted in any

case. It is also submitted that the criminal cases filed against the

appellant are mostly under the Arms Act and he has been

implicated in those cases only on the basis of statement of the co-

accused.

Having considered the totality of facts and circumstances of

the case; after scrutinizing the record of the trial court,

particularly keeping in view the fact that initially the appellant was

not named as an accused in the FIR as well as in the police

statement and also taking into consideration the fact that the

appellant in custody since last more than twelve years and on this

ground only, sentence of co-accused Dev Kishan has already been

suspended, without expressing any opinion on the merits of the

case, we consider it just and proper to suspend the substantive

sentence awarded to the appellant.

Accordingly, this third application for suspension of

sentence No.811/2021 is allowed and it is ordered that the

substantive sentences passed by the Additional Sessions Judge

No.3, Bikaner vide judgment dated 28.07.2016 in Sessions Case

No.79/2012 against appellant - Mohd. Ameen S/o Yasin Khan shall

remain suspended till final disposal of the aforesaid appeal,

provided he executes a personal bond in the sum of Rs.50,000/-

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

learned trial court for his appearance before this court on

22.08.2022 and whenever ordered to do so, till the disposal of

the appeal on the conditions indicated below:-

(4 of 4)

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

2. That if the appellant changes the place of residence, he will give in writing his 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-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- appellant was 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

                                   (KULDEEP MATHUR),J                                             (VIJAY BISHNOI),J
                                    29-mohit/-









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