Bablu @ Sharafat Ulla Khan vs State Of Rajasthan
2022 Latest Caselaw 4680 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 131/2022

Bablu @ Sharafat Ulla Khan S/o Shri Deran Khan Pathan, Aged About 45 Years, B/c Musalman, R/o Naugawa, PS Arnod, District Pratapgarh (Presently Lodged In Sub Jail, Chittorgarh).

----Applicant Versus State Of Rajasthan

----Respondent

For Applicant : Mr. J.S. Choudhary, Sr. Advocate assisted by Mr. Ramesh Purohit Mr. R.K. Charan For Respondent : Mr. B.R. Bishnoi, AGC For Complainant : Mr. Pradeep Shah

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MS. JUSTICE REKHA BORANA

Order

29/03/2022

This suspension of sentence application has been preferred

on behalf of the applicant-appellant against the order dated

12.10.2021 passed by the Sessions Judge, Chittorgarh

(hereinafter to be referred as 'the trial court') in Sessions Case

No.34/2009, whereby the trial court has sentenced the accused

applicant-appellant for the offences punishable under Sections

120-B, 302/120-B and 460/120-B IPC pursuant to the judgment

dated 01.10.2021, by which he has been convicted by the trial

court for the aforesaid offences.

(2 of 4) [SOSA-131/2022]

Learned counsel for the applicant-appellant has submitted

that the trial court has grossly erred in convicting and sentencing

the accused applicant-appellant 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 and reliable evidence of this effect that the

accused applicant-appellant hatched a conspiracy with the

co-accused persons, who have committed the murder of the

deceased.

Learned counsel for the applicant-appellant has further

submitted that the trial court has convicted and sentenced the

accused applicant-appellant while observing that he hatched a

conspiracy with the co-accused persons, who have committed

murder of the deceased. It is also submitted that admittedly, on

the day of the incident, the applicant-appellant was lodged in

Pratapgarh Jail and the prosecution has failed to produce any

evidence of this effect that the co-accused persons, who have

committed murder of the deceased, have ever met the applicant-

appellant in the jail or were in contact with the accused applicant-

appellant by any means such as mobile phone etc.

Learned counsel for the applicant-appellant has further

argued that the sentences of the co-accused persons viz. Gulam

Abbas and Prem Mohan have already been suspended by this

Court vide order dated 15.02.2022 and as such the sentence of

the accused applicant-appellant is also deserves to be suspended.

Per contra, learned AGC as well as learned counsel for the

complainant have vehemently opposed the prayer of the

applicant-appellant for suspending his sentence and argued that

(3 of 4) [SOSA-131/2022]

the prosecution has produced sufficient evidence to prove that the

accused applicant-appellant 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, it is not a fit

case where the sentence awarded by the trial court to the accused

applicant-appellant be suspended.

Heard learned counsel for the parties on suspension of

sentence application.

Having considered the totality of facts and circumstances of

the case and also taking into consideration the fact that the

sentences of the co-accused persons viz. Gulam Abbas and Prem

Mohan have already been suspended by this Court and there is no

possibility that the appeal preferred by the applicant-appellant is

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

substantive sentence awarded to the accused applicant-appellant.

Accordingly, this suspension of sentence application filed

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

substantive sentence passed by the trial court vide judgment

dated 12.10.2021 in Sessions Case No.34/2009 against applicant-

appellant - Bablu @ Sharafat Ulla Khan S/o Deran Khan

Pathan 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 Judge for his appearance in this

court on 04.05.2022 and whenever ordered to do so, till the

(4 of 4) [SOSA-131/2022]

disposal of the appeal on the conditions indicated below:-

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 applicant-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 applicant-appellant in a separate file. Such file be

registered as Criminal Misc. Case related to original case in which

the accused applicant-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 applicant-appellant does not

appear before the trial court, the learned trial Judge shall report

the matter to the High Court for cancellation of bail.

                                   (REKHA BORANA),J                                           (VIJAY BISHNOI),J


                                    Abhishek Kumar
                                    S.No.7









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