Rajasthan High Court - Jodhpur
Saakir vs State Of Rajasthan ... on 13 December, 2023
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
[2023:RJ-JD:43428-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1554/2023
Saakir S/o Safi Mohammed, Aged About 40 Years, R/o Kheradi
Mohalla Pratapgarh Distt Pratapgarh. (At Present Lodged At
Central Jail Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.K. Charan, Mr. Abhishek Charan
For Respondent(s) : Mr. B.R. Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Judgment
13/12/2023
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 Sessions Judge, Chittorgarh vide
judgment dated 01.10.2021 and 27.07.2023 in Sessions Case
No.34/2009. The accused-appellant has been sentenced as
under :-
Offence U/s Sentence Fine Sentence in default of
payment of fine
120-B IPC Life Rs. 20,000/- Two Years' SI
Imprisonment
302 read Life Rs. 20,000/- Two Years' SI
[2023:RJ-JD:43428-DB] (2 of 4) [SOSA-1554/2023]
with Section Imprisonment
120-B IPC
460/120B Life Rs. 20,000/- Two Years' SI
IPC Imprisonment
Learned counsel for the appellant-applicant has argued that
the trial court has grossly erred in convicting and sentencing the
appellant-applicant vide impugned judgment. It is submitted that
the allegation levelled against the appellant-applicant of hatching
conspiracy with the other co-accused persons is without any basis
and the prosecution has failed to produce any cogent evidence,
which suggests that the appellant-applicant was involved in
commission of crime. It is further submitted that the allegation
against the appellant-applicant is only to the effect that he along
with other co-accused Mustafa was on a motorcycle at the time of
incident and they were watching the whole incident. It is also
submitted that except the said evidence, no other evidence
regarding involvement of the appellant-applicant is produced by
the prosecution. It is submitted that the sentence of co-accused
Mustafa has already been suspended by Coordinate Bench of this
Court vide order dated 19.05.2022 and case of the appellant-
applicant is not distinguishable from him and hearing of the appeal
is likely to take time. It is, thus, prayed that the sentence awarded
to the appellant-applicant by the trial court may be suspended.
Learned Public Prosecutor has opposed this application for
suspension of sentence.
Having regard to the overall facts and circumstances of the
[2023:RJ-JD:43428-DB] (3 of 4) [SOSA-1554/2023]
case; after carefully scrutinizing the record; keeping in view the
fact that sentence of similarly situated co-accused Mustafa has
already been suspended by a Coordinate Bench of this Court and
without commenting on the merits of the case, we are inclined to
suspend the sentence awarded to the appellant-applicant.
Accordingly, this application for suspension of sentence filed
under Sec.389 Cr.P.C. is allowed and it is ordered that the
sentence passed by the learned Sessions Judge, Chittorgarh vide
judgment dated 01.10.2021 and 27.07.2023 in Sessions Case
No.34/2009 against appellant-applicant - Saakir S/o Safi
Mohammed shall remain suspended till final disposal of the
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 22.01.2024 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 appellant-applicant in a separate file. Such file be registered
[2023:RJ-JD:43428-DB] (4 of 4) [SOSA-1554/2023]
as Criminal Misc. Case related to original case in which the
appellant-applicant 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 appellant-applicant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MUNNURI LAXMAN),J (VIJAY BISHNOI),J
82-poonamS/-
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