The High Court dismissed a second application for suspension of sentence, rejecting it as there were no new circumstances since the first dismissal, though listed the underlying appeal for hearing.
The second application for suspension of sentence is dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Cr. Misc. 2nd S.O.S. Appl. No.1230/2017
In
D.B. Criminal Appeal No. 85/2016
Hamida Khan son of Shri Budh Singh, by caste Meo, Resident of Rahamat Nagar, Police Station Tijara, District Alwar (Rajasthan) (At present in Central Jail, Alwar)
----Accused-Appellant
Versus
State of Rajasthan Through PP
----Respondent
For Appellant(s) : None present For Respondent(s) : Shri R.S. Raghav, P.P.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI
Order
29/09/2018
This second application for suspension of sentence has been filed on the ground that after rejection of first application for suspension of sentence on 13.7.2016, more than two years have gone by and the hearing of the appeal is likely to take long.
This Court by aforesaid order dated 13.7.2016 dismissed the first application for suspension of sentence on merits. There is no new circumstance justifying entertainment of this second application for suspension of sentence. The application for suspension of sentence is dismissed.
Considering, however, that the appellant is in jail for last six years, office is directed that on preparation of the paper book, the appeal be listed for hearing.
(DINESH CHANDRA SOMANI),J
(MOHAMMAD RAFIQ),J
RS/3
1 issue framed by the court
Whether a second application for suspension of sentence should be entertained when the first was rejected on merits over two years ago without new circumstances.
Hamida Khan
State of Rajasthan
Mohammad Rafiq
Dinesh Chandra Somani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
