Rajasthan High Court
Munna @ Sajid S/O Shri Bhoora ... vs State Of Rajasthan on 4 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.
809/2020
In
S.B. Criminal Appeal No. 716/2019
Munna @ Sajid S/o Shri Bhoora Pahalwan, R/o Lal Masjid
Mohalla Ps Rampur Dist. Rampur (Up) (At Present Confined In
Central Jail Kota)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. G.P. Rawat
For Respondent(s) : Mr. Rajendra Yadav, GA-cum AAG
HON'BLE MR. JUSTICE FARJAND ALI
Order
04/01/2023
Heard learned counsel for the accused appellant and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 29.01.2019 passed by
learned Additional Sessions Judge No.5, Kota whereby the accused
appellant has been convicted for the offence punishable under
section 394 IPC and has been sentenced to maximum ten years
rigorous imprisonment along with fine of Rs.50,000/-
Learned counsel for the accused-appellants submits that
there is no direct evidence to connect the appellant with the
alleged offence. No cogent evidence has been produced to
ascertain the fact that it was the accused appellant who robbed
the complainant since no endeavor has been made to get the
identification done before the Executive or Judicial Magistrate. The
recovery allegedly made from the appellant is nothing but a farce
(2 of 3) [SOSA-809/2020]
as neither the articles were identified by the proper persons nor
the witness verified the recovery from the appellant. Although, it
is mentioned that the appellant was kept veiled but no such
endorsement is made on memos. He was earlier exposed before
the public prior to making the identification parade. He was on bail
during the trial. The matter pertains to the year 2008 and since
2008 to 2019. he has to face rigor of the trial and after judgment
of conviction dated 29.01.2019, he is languishing in jail. He has
been sentenced to suffer 10 years imprisonment for offence under
Section 394 IPC out of which he has served five and a half year.
The evidence recorded by the trial Court is required to be re-
appreciated again as being the first appellate court, the High Court
is under an obligation to make a de novo appreciation of evidence.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant.
The accused-appellant is behind the bars and the hearing of
appeal is likely to take further more time, therefore, considering
the overall submissions 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.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Additional Sessions Judge No.5,
Kota, vide judgment dated 29.01.2019 in Sessions Case
No144/2018 against the appellant-applicant Munna @ Sajid S/o
Shri Bhoora Pahalwan shall remain suspended till final disposal of
(3 of 3) [SOSA-809/2020]
the aforesaid appeal and he shall be released on bail 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 their appearance in this court on 08.02.2023 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their 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.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicants were 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 applicants 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
PREETI VALECHA /10
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