Mehboob vs State Of Rajasthan
2022 Latest Caselaw 12249 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 816/2022

Mehboob S/o Harun, Aged About 26 Years, By Caste Muslim, R/o Ward No. 18, Nohar Tehsil Nohar, Distt. Hanumangarh. (Confined In Central Jail Shri Ganganagar)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Ms. Samridhi Saraswat For Respondent(s) : Mr. R.R. Chhaparwal, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE FARJAND ALI

Order

12/10/2022

Heard learned counsel for the parties on the application for

suspension of sentence.

The instant application for suspension of sentence has been

preferred by the appellant-applicant, who has been convicted and

sentenced by the learned Additional Sessions Judge No.2, Nohar,

District Hanumangarh in Sessions Case No.32/2015 (26/15) CIS

No.34/2015 vide judgment dated 19.07.2019. The appellant-

applicant has been sentenced as under :-

Offence U/s         Sentence               Fine                   Fine Default in
                                                                  sentence
302/34 IPC          R.L.I.                 50,000/-               1 year S.I.
201/34 IPC          07 years' R.I.         25,000/-               6 months' S.I.
120B IPC            07 years' R.I.         25,000/-               6 months S.I.





                                         (2 of 4)                [SOSA-816/2022]

Learned counsel for the appellant-applicant has argued that

the applicant-appellant is implicated in this case on the basis of

the alleged recovery of the bones and other remains of the body

of the deceased. It is argued that as per the prosecution, it is the

applicant-appellant who supplied the information regarding the

place where the deceased was murdered as well as burnt and

from that place the bones and other remains of the body of the

deceased were recovered. Learned counsel for applicant-appellant

has urged that as a matter of fact, the police were already aware

about the place from where the body remains of the deceased

were recovered. Learned counsel for the applicant-appellant has

invited our attention towards the statement of PW-1 complainant,

wherein in his cross-examination he has admitted that the police

have informed him about the place where the body remains of the

deceased were lying. Learned counsel for the applicant-appellant

has further urged that the prosecution has failed to prove any

motive for which the applicant-appellant would have committed

the crime. It is submitted that the theory of illicit relation between

the applicant-appellant and the wife of the deceased has not been

further investigated by the police. Learned counsel for the

appellant has also submitted that the sentence of the other co-

accused persons have already been suspended. It is also

submitted that the applicant-appellant is in custody for around

eight years. The appeal filed by the appellant is not likely to be

heard in near future. It is, thus, prayed that the sentence awarded

to the appellant-applicant by the trial court may be suspended.

Having heard learned counsel for the parties; after carefully

(3 of 4) [SOSA-816/2022]

scrutinizing the record of the case and taking into consideration

the custody period of the appellant-applicant, this Court is inclined

to suspend the sentence awarded to the appellant-applicant by the

trial court vide judgment impugned.

Accordingly, this 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 Sessions

Judge No.2, Nohar, District Hanumangarh in Sessions Case

No.32/2015 (26/15) CIS No.34/2015 against appellant-applicant

Mehboob S/o Harun 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 14.11.2022 and whenever ordered to do so, till the

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 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

(4 of 4) [SOSA-816/2022]

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.

                                   (FARJAND ALI),J                                              (VIJAY BISHNOI),J


                                    31-amit/-









Powered by TCPDF (www.tcpdf.org)