Allowed

Mohammad Khan v. State of Rajasthan

Rajasthan HC28 Nov 2022SOSA/1138/2022

Case brief

AI extract

What is this about?

The appeal was considered regarding an application for suspension of sentence under Section 389 CrPC. The High Court allowed the application, suspending the life sentence pending the appeal's disposal, subject to execution of a personal bond and compliance with attendance conditions.

What did the court decide?

Suspension of the sentence of life imprisonment pending the disposal of the appeal, conditioned on personal bond and appearance.

Mohammad Khan Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2022)

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(1 of 3)

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[SOSA-1138/2022]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Misc II Suspension Of Sentence Application (Appeal) No. 1138/2022

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Mohammad Khan S/o Kalu Khan, Aged About 46 Years, R/o Chak Labana, Tehsil Pilibanga, District Hanumangarh (At Present Lodged In Central Jail, Bikaner)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. M.S. Soni For Respondent(s) : Mr. Anil Joshi, AAG

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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28/11/2022

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The appellant has been convicted and sentenced as below vide the judgment dated 22.09.2021 passed by the learned Sessions Judge, Hanumangarh in Sessions Case No.23/2017 :- Offence for which Sentence awarded and fine imposed convicted

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Section 307 read with Life imprisonment alongwith a fine of Section 34 IPC Rs.1,00,000/- and in default of payment of fine, further to undergo simple imprisonment of three months

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He has filed the instant second application for suspension of sentence under Section 389 CrPC. The first application for suspension of sentence filed on his behalf was disposed of by this court vide order dated 16.11.2021 as not pressed giving him liberty to renew the prayer for bail after a period of one year. Now the said period has passed, whereafter this second application has been moved.

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(2 of 3)

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[SOSA-1138/2022]

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We have heard and considered the submissions advanced by the learned counsel for the appellant and the learned Public Prosecutor and have gone through the impugned judgment and the record.

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The appellant has been convicted for the offence punishable under Section 307 IPC and has been sentenced to life imprisonment on that count. The incident took place in the night intervening 14.09.2008 and 15.09.2008. The prosecution has alleged that the appellant herein fired a pistol, which hit on the left leg of Shri Jagdish. A bare perusal of the impugned judgment reveals that twice after thorough investigation, the police filed a negative final report in the court concerned. However, the opinion of the police did not find favour of the court and the matter was proceeded after taking cognizance.

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Be that as it may. The appellant was on bail during the course of trial. There is no allegation of he having misused the liberty so granted to him. Hearing of the appeal is likely to take time. The sentence awarded to the co-accused Rajiram has been suspended by this court while accepting D.B. Criminal Misc. SOS Application No.711/2021 vide order dated 16.11.2021.

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In this background and considering over all facts and circumstances as available on record, we are inclined to suspend the sentence awarded to the appellant by the trial court during the pendency of the appeal.

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Accordingly, the application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Sessions Judge, Hanumangarh vide judgment dated 22.09.2021 in Sessions Case No.23/2017 against the appellant-applicant Mohammad Khan S/o Kalu Khan

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(3 of 3)

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[SOSA-1138/2022]

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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 Judge for his appearance in this court on 02.01.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated

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below:-

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That he will appear before the trial Court in the month of January of every year till the appeal is decided.

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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.

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Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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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.

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(KULDEEP MATHUR),J

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(SANDEEP MEHTA),J

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18-Pramod/-

Mohammad Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mohammad Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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