Rajasthan High Court - Jodhpur
Jakir Hussain @ Langda vs State Of Rajasthan ... on 9 October, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:44323-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc. 2nd Suspension Of Sentence
Application (Appeal) No. 914/2025
in
D.B. Criminal Appeal No. 237/2024
Jakir Hussain @ Langda S/o Abdul Karim Pathan, Aged About 55
Years, R/o Kumaro Ka Mohlla, Ganesh Mandir Ke Samne, Dhawni
P.S. Gumanpura, District Kota.
(Lodged In Sub Jail, Begu Dist. Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Sikander Khan
For Respondent(s) : Mr. C.S. Ojha, Public Prosecutor
HON'BLE MR. JUSTICE DINESH MEHTA
HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order
09/10/2025
1. This is the second application filed by the applicant under
section 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023
seeking suspension of following sentence awarded to him by the
learned Additional Sessions Judge, Begu, District Chittorgarh
(hereinafter referred to as 'trial court') vide judgment dated
12.08.2024 passed in Session Case No. 19/2021 (41/2013):-
S.No Offence Sentence Fine
1. 395 IPC Life Imprisonment To pay a fine of Rs.10,000/-; in
default thereof to undergo
additional one year simple
imprisonment.
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[2025:RJ-JD:44323-DB] (2 of 3) [SOSA-914/2025]
2. Mr. Sikander Khan, learned counsel for the applicant
submitted that when the applicant's first application for
suspension of sentence (D.B. Cr. Misc. Suspension of Sentence
Application No.1305/2024) was considered, he withdrew it with a
liberty to file a fresh one at an appropriate time. He argued that
now sufficient time has passed inasmuch as the applicant has
completed 2½ years in custody, hence the same be considered on
merit.
3. Learned counsel further submitted that the co-accused
persons namely Guddu and Mohd. Hanif @ Kalu have been
enlarged on bail vide separate orders dated 09.01.2025 (D.B. Cr.
Misc. Suspension of Sentence Application No. 1253/2024) and
08.09.2025 (D.B. Cr. Misc. Suspension of Sentence Application No.
764/2025) respectively, passed by the co-ordinate Benches of this
Court.
4. Mr. C.S. Ojha, learned Public Prosecutor opposed the
application by highlighting that so far as application for suspension
of sentence of Guddu is concerned, he did not have any criminal
antecedents and considering such aspect, the co-ordinate Bench
had allowed his application vide order dated 09.01.2025. He
further contended that in the case of Mohd. Hanif @ Kalu, though
there was no stipulation about the number of cases pending in the
order dated 08.09.2025, but as per record, one case of Motor
Vehicles Act, was pending against him and hence, the same was
not brought to the notice of the Court.
5. In relation to applicant's case, learned Public Prosecutor
argued that there are as many as 22 cases registered against him.
While pointing out that the present case of dacoity relates to year
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[2025:RJ-JD:44323-DB] (3 of 3) [SOSA-914/2025]
2013 and on being enlarged on bail, the applicant has indulged in
as many as 7 more cases from the year 2017 to 2023, out of
which 5 are of dacoity. He prayed that no indulgence be granted,
as he would again indulge in the same type of offence.
6. In view of the fact that the applicant is a habitual offender,
we are of the view that enlarging him on bail will affect social
order and tranquility. According to us, for considering application
for suspension of sentece of a convict, the Court should strike a
balance between the convict's fundamental right of liberty vis-a-
vis the fundamental rights of life and property of the citizenry.
According to us, such balance will be disturbed, if the applicant is
enlarged.
7. Hence, the application seeking suspension of sentence is
rejected.
(SANGEETA SHARMA),J (DINESH MEHTA),J
16-Mak/-
(Uploaded on 09/10/2025 at 05:12:52 PM)
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