Sahil Hussain @ Moni S/O Shri Shakil Hussain Ansari Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Sahil Hussain @ Moni S/O Shri Shakil Hussain Ansari Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of the sentence awarded in Sessions Case No.10/2021(139/2020), conditional on furnishing a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Court, with an undertaking to appear before this Court as and when called upon.

Issue for consideration

Whether the sentence awarded to the accused-applicant in Sessions Case No.10/2021(139/2020) should be suspended during the pendency of D.B. Criminal Appeal No.108/2022.

Court's answer

Taking into account that the victim has not sustained any injuries on her anal region and that the accused-applicant has been in custody for more than four years and nine months, the Court deemed it proper, without further going into the merits of the case, to allow the application for suspension of sentence.

Ratio / Principle

The application for suspension of sentence is allowed; the sentence awarded in Sessions Case No.10/2021(139/2020) shall remain suspended subject to the accused-applicant furnishing a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Court, to the effect that he shall appear before this Court as and when called upon.

Detailed headnote1 paragraphs

Suspension of sentence — D.B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 2154/2024 arising in D.B. Criminal Appeal No.108/2022 — Rajasthan High Court, Jaipur Bench (Division Bench of Pankaj Bhandari and Shubha Mehta, JJ.), by order dated 03/01/2025, allowed suspension of the sentence awarded to the accused-applicant (aged about 22 years) in Sessions Case No.10/2021(139/2020). The Court noted that the victim had not sustained any injuries on her anal region and that the accused-applicant had remained in custody for more than four years and nine months, and expressly declined to go further into the merits of the case. Sentence suspended on furnishing a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Court, with an undertaking to appear before the Court as and when called upon. Counsel's contentions regarding absence of injury marks on the private parts, the DNA report, the doctor's statement, the applicant's age and a money dispute were recorded as arguments and were not adopted as findings by the Court.

[2025:RJ-JP:420-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2154/2024

In

D.B. Criminal Appeal No.108/2022

Sahil Hussain @ Moni S/o Shri Shakil Hussain Ansari, Aged About 22 Years, R/o Village Pota Nagar, District Eta (Up) At Present Tenant In House No. D-82, Shanti Nagar, Hasanpura, P.s. Sadar, Jaipur (West) ((Accused At Present In Judicial Custody At Special Central Jail Shyalawas Dausa)

----Accused-Applicant

Versus

State of Rajasthan, Through PP

----Respondent

For Applicant(s) : Ms. Shalini Joshi For State : Ms. Aarti Sharma, Dy. G.A.

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA

Order

03/01/2025

Accused-applicant has preferred this application for

suspension of sentence.

Heard on application for suspension of sentence.

It is contended by learned counsel for the accused-applicant

that there were no marks of injuries sustained on the private part of the victim. It is contended that the D.N.A. report does not implicate the present petitioner. Doctor has also given the statement that the victim has not sustained any injuries on her anal region. It is also contended that accused is aged about 18

(2 of 2)

[2025:RJ-JP:420-DB]

[SOSA-2154/2024]

years and there was some money dispute between the accused and parents of the victim.

Learned Deputy Government Advocate has opposed the present application for suspension of sentence.

We have considered the contentions.

Considering the fact that the victim has not sustained any injuries on her anal region and accused-applicant has remained in custody for more than four years and nine months; without further going into the merits of the case, we deem it proper to allow the present application for suspension of sentence.

Accordingly, the present application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused applicant in Sessions Case No.10/2021(139/2020) shall remain suspended if the accused-applicant furnish a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Court to the effect that he shall appear before this Court as and when called upon to do so.

(SHUBHA MEHTA),J

(PANKAJ BHANDARI),J

LAKSHYA-DAKSH/34