Rajasthan High Court - Jodhpur
Samim Banoo vs State Of Rajasthan ... on 30 May, 2024
Bench: Dinesh Mehta, Rajendra Prakash Soni
[2024:RJ-JD:25035-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 449/2024
IN
D.B. Criminal Appeal No.97/2024
1. Samim Banoo W/o Chhote Bhai @ Mohammed Hussain,
Aged About 45 Years, R/o Kunjarwadi, Police Station
Dhan Mandi, District Udaipur. (Lodged At Mahila Bandhi
Sudhar Grah, Udaipur)
2. Suwana D/o Chhote Bhai @ Mohammed Hussain, Aged
About 21 Years, R/o Kunjarwadi, Police Station Dhan
Mandi, District Udaipur. (Lodged At Mahila Bandhi Sudhar
Grah, Udaipur)
----Applicants
Versus
State of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. Shreyansh Ramdev
For Respondent(s) : Mr. B.R. Bishnoi, PP
HON'BLE MR. JUSTICE DINESH MEHTA
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
30/05/2024
1. This application for suspension of sentence has been filed by
the applicants, who have been convicted by the trial court for the
offences under Sections 341, 323/34, 324/34, 307/34 & 302/34 of
IPC and have been awarded sentence as under:-
[2024:RJ-JD:25035-DB] (2 of 4) [SOSA-449/2024]
Offence Sentence Fine
302/34 IPC L.I. Rs.50,000/- in
default of payment
to 6 months' S.I.
307/34 IPC 10 years' S.I. Rs.10,000/- in
default of payment
to 2 months' S.I.
324/34 IPC 3 years' S.I. Rs.5,000/- in default
of payment to 1
month's S.I.
323/34 IPC 1 year's S.I. Rs.1,000/- in default
of payment to 15
days' S.I.
341 IPC 1 month's S.I. Rs.1,000/- in default
of payment to 15
days' S.I.
2. Learned counsel for the applicants argued that the author of
the fatal injury by knife is attributed to the co-accused Wasim and
the allegation against the present female applicants is only of
instigating and beating by lathis. Both the applicants have been
convicted with the aid of Section 34 of the Indian Penal Code only.
3. While informing that during trial, applicants were on bail;
they have already remained behind the bars for about seven
months; that the hearing of appeal will take time and therefore,
the application for suspension of sentence be granted.
4. Learned Public Prosecutor vehemently opposed the
application for suspension of sentence.
5. Having heard learned counsel for the applicants and
considering that as per the statements, the applicants are not the
author of the fatal injuries caused to the deceased and the
allegation is only for instigating and beating with lathis, hence,
considering the mandate of Section 437 Cr.P.C., we are inclined to
suspend the sentence of the applicants.
[2024:RJ-JD:25035-DB] (3 of 4) [SOSA-449/2024]
6. Accordingly, the application for suspension of sentence
preferred on behalf of applicant is allowed and it is ordered that
the substantive sentence passed by the learned Additional
Sessions Judge No.3, Udaipur, vide judgment dated 03.02.2024
in Sessions Case No.150/2019 (C.I.S. No.150/2019) against the
applicants - 1. Samim Banoo W/o Chhote Bhai @ Mohammed
Hussain and 2. Suwana D/o Chhote Bhai @ Mohammed Hussain,
shall remain suspended till final disposal of the aforesaid criminal
appeal provided each of them executes a personal bond in the
sum of Rs.50,000/- alongwith two sureties in the sum of
Rs.25,000/- each to the satisfaction of the learned trial court for
their appearance in this Court on 04.07.2024 and subsequently
before the trial court on the following conditions: -
1. That they will appear before the trial court in the month of
January every year till the appeal is decided.
2. That if the applicants changes the place of residence, they
will give the changed address in writing to the trial court,
High Court as well as to their counsel in the High Court.
3. Similarly if sureties change their addresses, they will give in
writing their changed address to the trial court
7. The learned trial court shall keep the record of attendance of
the accused-applicants in a separate file. Such file be registered as
Criminal Misc. Case related to the Session 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 do not appear before the trial court, the learned trial
[2024:RJ-JD:25035-DB] (4 of 4) [SOSA-449/2024]
Judge shall report the matter to the High Court for cancellation of
bail.
(RAJENDRA PRAKASH SONI),J (DINESH MEHTA),J
53-Suraj/-
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