Mujahid Hussain @ Babu Khan vs State Of Rajasthan
2023 Latest Caselaw 6858 Raj

[2023:RJ-JD:28213]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.1110/2023 IN S.B. Criminal Appeal (Sb) No. 1821/2023

Mujahid Hussain @ Babu Khan S/o Mohd. Sabir, Aged About 2 Years, 41, New Shashtri Nagar, Khodia Balaji Road, Pali, Raj. (At Present Lodged In Central Jail, Pali).

                                                   ----Appellant
                             Versus
State Of Rajasthan, Through Pp
                                                ----Respondent


For Appellant(s)           :    Mr. Chandan Singh
For Respondent(s)          :    Mr. Abhishek Purohit, AGA


                HON'BLE MR. JUSTICE FARJAND ALI
                             Order

05/09/2023

The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

31.07.2023 passed by the learned Upper Sessions Judge, Pali in

Sessions Case No.15/2015 whereby he was convicted and

sentenced for the offences under Sections 459, 307, 326/34,

324/34, 323/34 of IPC and Section 4/25 of the Arms Act.

It is contended on behalf of the applicant that the parties are

close neighbors and the dispute arose in between them on a very

trivial issue wherein, the parties scuffled and in that course, the

victim Indu Mohmaad received injury on his finger. The other

victim Saddam sustained injury on his left hand and the lady

received injuries on her legs and there was no intent to kill them.

It is further submitted that there was no grievous injuries on any

vital party of the body of the victims. The question regarding

recovery of weapon and discrepancies of FSL report would be

adjudicated at the time of hearing of the appeal. He was on bail

[2023:RJ-JD:28213] (2 of 3)

during trial and did not misuse the liberty so granted to him;

hearing of the appeal is likely to take long time, therefore, the

application for suspension of sentence may be granted.

Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the petitioner on application for suspension of sentence.

Heard and perused the material available on record.

Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly the facts/fact that the accused-

petitioner was on bail during the course of trial and the hearing of

appeal is likely to take further more time and considering the

overall submissions 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-petitioner.

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 learned Upper Sessions Judge, Pali who

passed the impugned order 31.07.2023 in Sessions Case No.

15/2015 against the petitioner-applicant- Mujahid Hussain @ Babu

Khan S/o Mohd. Sabir shall remain suspended till final disposal of

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

[2023:RJ-JD:28213] (3 of 3)

Judge for his appearance in this court on 05.10.2023 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 addresses, 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 in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

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

accused applicant 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 300-Samvedana/-

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