Rajasthan High Court
Shanu Son Of Mohammed Ali vs State Of Rajasthan on 12 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.1141/2022
In
S.B. Criminal Appeal No. 1754/2022
1. Shanu Son Of Mohammed Ali, R/o Ibrahim Vakeel Ki Gali
Brajrajpura Kota Rajasthan (At Present Confined At
Central Jail Kota)
2. Afroj S/o Mohammed Ali, R/o Ibrahim Vakeel Ki Gali
Brajrajpura Kota Rajasthan (At Present Confined At
Central Jail Kota)
3. Saddam S/o Mohammed Ali, R/o Ibrahim Vakeel Ki Gali
Brajrajpura Kota Rajasthan (At Present Confined At
Central Jail Kota)
----Appellants
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : Mr. Abdul Kalam Khan, Adv.
For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
12/01/2023
Heard learned counsel for the accused appellant and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 29.08.2022 in
Sessions Case No.4/2015 (12/2015) passed by A.D.J. No.3, Kota,
whereby the accused appellant has been convicted for the offence
punishable under section 307/34 of IPC and has been sentenced
to maximum seven years rigorous imprisonment along with fine of
(2 of 3) [SOSA-1141/2022]
Rs.20,000/-; and under Section 326/34 of IPC has been sentenced
to maximum five years rigorous imprisonment along with fine of
Rs.10,000/-; and under Section 324/34 of IPC has been sentenced
to maximum two years rigorous imprisonment along with fine of
Rs.5,000/- and under Section 341 of IPC and has been sentenced
to maximum one month simple imprisonment along with fine of
Rs.500/-.
Learned counsel for the accused-appellants submits that
neither the victim nor her father have supported the story of the
prosecution, despite that the learned trial Court reached on
conclusion of guilt of the appellants on the basis of surmises and
conjectures, therefore, the entire evidence requires to be re-
appreciated.
Counsel for the complainant is present before this Court and
does not object if the Suspension of Sentence Application is
allowed. They were on bail during the trial and never misused the
liberty granted in their favour.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellants.
The accused-appellants are 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 appellants.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
(3 of 3) [SOSA-1141/2022]
sentences passed by the learned A.D.J Court No.3, Kota, vide
judgment dated 29.08.2022 in Sessions Case No.4/2015
(12/2015) against the appellant-applicants namely Shanu Son Of
Mohammed Ali, Afroj S/o Mohammed Ali and Saddam S/o
Mohammed Ali, 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 their appearance in this court on 15.02.2023 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That they will appear before the trial Court in
the month of January of every year till the appeal
is decided.
2. That if the applicants changes the place of
residence, they will give in writing 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.
(FARJAND ALI),J
Ashwani /-73
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