Irfan S/O Roshan Ali Pathan Vs State of Rajasthan

¶1

[2025:RJ-JP:16199]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2274/2024

¶4

In

¶5

S.B. Criminal Appeal No.3237/2024

¶6

Irfan S/o Roshan Ali Pathan, Aged About 28 Years, R/o Islam Nagar At Present Pani Ki Tanki Near Sulabh Complex Udiya Basti Sanjay Nagar Kota (At Present Confined At Central Jail Kota)

¶7

Aslam Khan S/o Abid Khan @ Abid Husain, Aged About 28 Years, R/o Islam Nagar At Present Noori Zama Masjid Near Street Of Peramount School Vigyan Nagar Kota (At Present Confined At Central Jail Kota)

¶8

----Petitioners

¶9

Versus

¶10

State Of Rajasthan, Through Pp

¶11

----Respondent

¶12

For Petitioner(s) : Mr. Abdul Kalam Khan with Ms. Simran Bharti For Respondent(s) : Mr. Devi Singh, PP

¶13

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

¶14

Order

¶15

16/04/2025

¶16

The instant SOS application is preferred by applicantsaccused Irfan S/o Roshan Ali Pathan and Aslam Khan S/o Abid Khan in pending appeal filed aggrieved from judgment of conviction and sentence dated 27.11.2024 in Sessions Case No.74/2015 passed by learned Special Judge (SC/ST POA Act Cases), Kota, whereby applicants-accused were convicted under Sections 341, 323/34, 307/34 IPC, 4/25 Arms Act.

(2 of 4)

[2025:RJ-JP:16199]

[SOSA-2274/2024]

Learned counsel for applicants while referring the statement of both the injured PW1, PW2 and Investigating Officer PW-8 and Medical Jurist PW-14 submitted that the injuries were simple in nature and the accused were not identified at the time of recording of FIR. He further submits that the person, who identified accused at the spot was named as Sikander and he was not examined in support of the story of prosecution. He further submits that all other eye-witnesses have turned hostile and not supported the case of prosecution. He further submits that this was a case, wherein 100-150 people gathered in a marriage procession and during that procession, a sudden scuffle has started, which resulted into injuries upon the injured. He further submits that both the applicants-accused were on bail during trial and the disposal of appeal will take its own time.

¶21

Aforesaid contentions were opposed by learned Public Prosecutor. Learned Public Prosecutor has submitted custody certificate and same is taken on record. 4. Heard learned counsel for the applicants and learned Public Prosecutor. Perused the record. 5. On basis of statement dated 03.05.2015 of injured Raghuvir, FIR No.49/2015 was registered at Police Station Simliya, District Kota (Rural) and after investigation, police has filed a chargesheet against both the applicants. Both the applicants were released on bail by order dated 11.05.2015, passed by learned Sessions Judge under Section 439 of Cr.P.C. and they remained on bail during trial.

[2025:RJ-JP:16199]

[SOSA-2274/2024]

(3 of 4)

We have perused the statement of both the injured PW1 and PW2 and also PW14 (medical jurist) also gone through the crossexamination of PW-8 (Investigating Officer). The injuries were found to be simple in nature and the applicants are in custody for last five months and there is no criminal antecedents against the applicants-accused, therefore, without expressing any opinion on the merits of the case, the SOS application is liable to be allowed.

¶26

In view of discussion made hereinabove, the suspension of sentence application is hereby allowed and it is ordered that sentence of appellant-applicants accused Irfan S/o Roshan Ali

¶27

Pathan and Aslam Khan S/o Abid Khan is suspended till disposal of appeal with the condition that each of them would execute a personal bond in the sum of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 28.07.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

¶28

That the appellants-accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail.

¶29