Latif Ahmed S/O Waris Ali vs State Of Rajasthan
2023 Latest Caselaw 106 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Cr. Misc. Bail (for Suspension of Sentence) Application
                              No.1323/2022
                                       IN
                S.B. Criminal Appeal No. 2030/2022

1.      Latif Ahmed S/o Waris Ali, Aged About 67 Years, R/o In
        Front Of Coolcare Cottage Lakhpeda Bag, Barabanki,
        Police Station Kotwali City, Barabanki Uttar Pradesh (At
        Present Confined At District Jail Dholpur)
2.      Munna Khan @ Yasin Khan S/o Mohmmed Safi, Aged
        About 55 Years, R/o Siddhor, Police Station Asandhera,
        District Barabanki Uttar Pradesh (At Present Confined At
        District Jail Dholpur)
                                                                 ----Appellants
                                   Versus
State Of Rajasthan, Through P.p
                                                                ----Respondent

For Appellant(s) : Mr. Rajesh Goswami with Mr. Utkarsh Sharma, Mr. Yashvardhan Vardhana & Mr. Shiv Kumar For Respondent(s) : Mr. Sher Singh Mahala, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

04/01/2023

Heard learned counsel for the accused-appellants and

learned Public Prosecutor on the application for suspension of

sentence and perused the judgment impugned dated 29.09.2022

passed by Special Judge, Dholpur in Sessions Case No.59/2019

whereby the accused-appellants have been convicted for the

offences punishable under sections 307 and 307/34 of IPC and has

(2 of 3) [SOSA-1323/2022]

been sentenced with maximum of 7 years rigorous imprisonment

along with fine of Rs. 5,000/-.

Learned counsel for the accused-appellants submits that it is

a case of false implications made by the complainant with an

ulterior object and the entire evidence is cooked up with a view to

harass the appellant. After lodging of the FIR when the matter was

investigated by the police, it was found that the allegations made

by the complainant were not true and therefore, a negative final

report came to be submitted. Upon making protest by the

complainant, learned trial Court took cognizance of the offence

and issued process against accused and thus, the trial began. He

submits that a presumption was already existing in his favour

which is getting further fortification by the opinion of the

investigating agency and therefore, he has a strong arguable case

in his favour but the hearing of appeal would take long time. The

appellant were on bail during the course of the trial but the liberty

was never misused. Therefore, the application for suspension of

sentence may be granted.

Learned Public Prosecutor has vehemently opposed the

prayer made by learned counsel for the accused-appellants.

Considering the overall submissions of the parties and

looking to the totality of facts and circumstances of the case while

refraining from passing any comments on the niceties of the

matter and the defects of the prosecution as the same may put an

adverse effect on hearing of the appeal, this court is of the opinion

that it is a fit case for suspending the sentence awarded to the

accused-appellant.

(3 of 3) [SOSA-1323/2022]

Accordingly, the application for suspension of sentence filed

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

sentence passed by the learned Special Judge, Dholpur in vide

judgment dated 29.09.2022 in Sessions Case No.59/2019 against

the appellant-applicants- Latif Ahmed S/o Waris Ali and

Munna Khan @ Yasin Khan shall remain suspended till final

disposal of the aforesaid appeal and they shall be released on bail

provided each of them 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 13.02.2023 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 applicant 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(s), they will give in writing their changed address to the trial Court.

(FARJAND ALI),J

Keshav/50

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