Rajasthan High Court - Jodhpur
Mubarak vs State Of Rajasthan ... on 18 September, 2025
Bench: Manoj Kumar Garg, Praveer Bhatnagar
[2025:RJ-JD:41813-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc. 4th Suspension Of Sentence Application
(Appeal) No. 1448/2025
Mubarak S/o Haji Hameer Khan, aged about 63 Years, R/o
Negrada, P.s. Shiv, District Barmer. (Presently Lodged In Central
Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Dhirendra Singh, Sr. Advocate
assisted by Mr. Jagdish Singh
For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
(Through Video Conferencing)
Order
18/09/2025
1. The appellant-applicant herein has been convicted and
sentenced as below vide judgment dated 25.08.2020 passed by
the learned Special Judge, SC/ST (Prevention of Atrocities) Cases,
Barmer in Sessions Case No.01/2010 :
Offence Sentence Fine Sentence in
default of
fine
Section 5/9-B of 3 years' S.I. Rs.5,000/- 1 month's S.I.
Explosive Substance
Act
Section 6/9-B of 2 years' S.I. Rs.5,000/- 1 month's S.I.
Explosive Substance
Act
Section 4 of 14 years' (Life Rs.10,000/- 2 months' S.I.
Explosive Substance Imprisonment)
Act S.I.
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Section 5 of 14 years' (Life Rs.10,000/- 2 months' S.I.
Explosive Substance Imprisonment)
Act S.I.
Section 6 of 14 years' (Life Rs.10,000/- 2 months' S.I.
Explosive Substance Imprisonment)
Act S.I.
Section 3/25 of Arms 5 years' S.I. Rs.3,000/- 1 month's S.I.
Act
Section 7/25(1)(D) 14 years' (Life Rs.5,000/- 1 month's S.I.
(1-AA) of Arms Act Imprisonment)
S.I.
Section 3/10 of 14 years' (Life Rs.10,000/- 2 months' S.I.
Unlawful Activities Imprisonment)
(Prevention) Act S.I.
Section 13 of 7 years' S.I. Rs.3,000/- 1 month's S.I.
Unlawful Activities
(Prevention) Act
Section 18 of 14 years' (Life Rs.10,000/- 2 months' S.I.
Unlawful Activities Imprisonment)
(Prevention) Act S.I.
Section 20 of 14 years' (Life Rs.10,000/- 2 months' S.I.
Unlawful Activities Imprisonment)
(Prevention) Act S.I.
Section 153-A of IPC 3 years' S.I. Rs.3,000/- 1 month's S.I.
Section 120-B of IPC 14 years' (Life Rs.10,000/- 2 months' S.I.
Imprisonment)
S.I.
2. The appellant-applicant has preferred the fourth application
for suspension of sentence under Section 389 Cr.P.C. for
suspension of sentence during the pendency of the appeal and for
release on bail.
3. While disposing the third application for suspension of
sentence vide order dated 03.04.2025, the liberty was granted to
the appellant to file a fresh application after completion of six
years' incarceration of the appellant. The only plea raised by
learned counsel for the appellant-applicant is that the total period
of incarceration of the appellant is 5 years, 11 months & 14 days
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and the sentence of similar situated co-accused have already been
suspended by Hon'ble the Supreme Court as well as by co-
ordinate Bench of this Court. Counsel further submits that except
the present case there are no criminal antecedents of the
appellant and there is no chance of hearing of the appeal in near
future, thus, the sentence of the applicant be suspended and he
be enlarged on bail.
4. Learned Public Prosecutor opposed the application for
suspension of sentence with the submission that as the appellant-
applicant has committed heinous offence, suspension of sentence
of such offender would send adverse message in the society.
5. We have considered the submissions made by learned
counsel for the parties and have perused the material available on
record.
6. Looking to the fact that criminal appeals pertaining to year
2008 also are pending for hearing, there is no likelihood of hearing
of the present appeal in near future.
7. In the present case as observed herein-before, the appellant-
applicant was on bail during the trial and apparently, there are no
chances of hearing of the present appeal in near future. Except for
the fact that the appellant-applicant was involved in offence
leading to his conviction for life, nothing has been brought on
record by way of extenuating circumstances for denial of
suspension of sentence.
8. Consequently, without making any observations on merits of
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the case, we are inclined to suspend the substantive sentence of
the appellant-applicant, namely, Mohd. Hanif @ Kalu, during the
pendency of the appeal.
9. Accordingly, the instant application for suspension of
sentence filed under Section 430 B.N.S.S./389 Cr.P.C. is allowed
and it is ordered that substantive sentence passed by the learned
Special Judge, SC/ST (Prevention of Atrocities) Cases, Barmer
vide judgment dated 25.08.2020 in Sessions Case No.01/2010
against the appellant-applicant, namely, Mubarak S/o Haji Hameer
Khan shall remain suspended till final disposal of the aforesaid
appeal, provided he executes a personal bond in the sum of
Rs.1,00,000/- with two sureties of Rs.50,000/- each to the
satisfaction of learned trial Judge for his appearance in this court
on 27.10.2025 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 address(s)
they will give in writing their changed address to
the trial court.
10. 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 relating 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
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not been taken into account for statistical purpose relating to
pendency and disposal of the cases in the trial court. In case, the
said accused-applicant do not appear before the trial court,
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(PRAVEER BHATNAGAR),J (MANOJ KUMAR GARG),J
2-Rashi/-
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