Mubarak vs State Of Rajasthan ...
2023 Latest Caselaw 1773 Raj

[2023/RJJD/005387]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc II Suspension Of Sentence Application (Appeal) No. 744/2022

Mubarak S/o Sh. Haji Hameer, Aged About 65 Years, Negrada, P.s. Shiv, District Barmer. (At Present Lodged In Central Jail, Jodhpur).

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

----Respondent

For Petitioner(s) : Mr. Vishal Sharma For Respondent(s) : Mr. R.R. Chhaparwal, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

15/02/2023

This criminal misc. second application for suspension of

sentence is preferred on behalf of the appellant-applicant Mubarak

with a prayer that the sentence awarded to him by the learned

trial court vide judgment dated 25.08.2020 in Sessions Case

No.1/2010 may be suspended.

It is noticed that the earlier application for suspension of

sentence filed on behalf of the appellant-applicant was dismissed

by this Court on 03.12.2021 by a detailed order.

Learned counsel for the appellant-applicant has submitted

that he has preferred this criminal misc. second application for

suspension of sentence solely on the ground that the appellant-

applicant is suffering from several diseases and, therefore, his

sentence may be suspended on medical grounds.

[2023/RJJD/005387] (2 of 2) [SOSA-744/2022]

As per the Courts' direction, learned counsel for the

appellant-applicant has produced the report of the

Superintendent, Central Jail, Jodhpur dated 09.02.2023 along with

the opinion of the Senior Medical Officer of Jail Dispensary,

Jodhpur. As per the report of the Medical Officer, the appellant is

suffering from Cervical Spondilitis, Diabetes (T2DM), I.H.D.

(Ischeamic Heart Disease), Osteo-Arthritis B/L- Knee. It is also

mentioned in the report that the appellant-applicant is getting

treatment as per the opinion of the Medical Specialists in jail itself.

It is also mentioned in the report that the appellant-applicant is

advised to go for total knee replacement.

Having gone through the report of the Medical Officer, we are

of the opinion that when the appellant-applicant is getting

treatment as per the advise of specialized doctors in the jail itself,

no case for suspension of sentence is made out.

Hence, this criminal misc. second application for suspension

of sentence is dismissed.

However, the Jail Authorities shall continue to provide

treatment to the appellant-applicant as per the advise of the

Medical specialists.

(PRAVEER BHATNAGAR),J (VIJAY BISHNOI),J 26-Suraj/-

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