Rajasthan High Court - Jaipur
Sajid Gulam Baig S/O Gulam Mustafa Baig vs State Of Rajasthan (2023/Rjjp/000286) on 24 January, 2023
Bench: Pankaj Bhandari, Anil Kumar Upman
[2023/RJJP/000286]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Suspension of Sentence Application
No.1502/2022
in
D.B. Criminal Appeal No. 281/2022
Sajid Gulam Baig S/o Gulam Mustafa Baig, R/o Ward No. 21,
Near Dargah, Kasba Fatehpur, District Sikar (Rajasthan) (At
Present Confined In Central Jail, Bikaner)
----Appellant
Versus
State Of Rajasthan, through PP
----Respondent
Connected With D.B. Criminal Misc. Suspension of Sentence Application No.1511/2022 in D.B. Criminal Appeal (Db) No. 304/2022 Ayajul Hasan @ Ayaj S/o Shri Sajjad Hussain Alias Peer Saheb, R/o Ward No. 21, Near Dargaha Kasbab Fatehpur, District Sikar (Presently Lodged At Central Jail Bikaner)
----Appellant Versus State Of Rajasthan, through Pubic Prosecutor
----Respondent For Appellant(s) : Mr. Pankaj Gupta with Naman Yadav Mr. Sudhir Jain For Respondent(s) : Mr. Javed Choudhary, AGA HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 24/01/2023
1. It is informed by learned AGA that information has been given to victim about listing the present appeal and suspension of sentence application. (Downloaded on 28/01/2023 at 12:18:01 AM) [2023/RJJP/000286] (2 of 3) [CRLAD-281/2022]
2. No one has put in appearance on behalf of victim, despite information.
3. Accused/appellants have preferred these applications for suspension of sentence.
4. Heard on applications for suspension of sentence.
5. It is contended by counsel for the appellants that as per the prosecution case, kidnapping took place on 15.05.2017. The boy was recovered on 22.05.2017 at 09.05 pm. Whereas as per the facebook messages which was posted in the morning on 22.05.2017, the boy was shown as recovered. It is contended that a fake recovery memo of the boy has been prepared. It is also contended that charge-sheet was filed against five persons. Yashmin Khan and Harima in whose custody, the boy was said to have been kept, have been acquitted by the Trial Court. It is contended that the appellants were on bail during trial.
6. Learned AGA has opposed these suspension of sentence applications.
7. We have considered the contentions and have perused the record.
8. No test identification parade by boy was got conducted and it is for the first time that the boy has identified accuse-Sajid Gulam in the Court. As per the record, it is evident that in the arrest memo itself, photograph of the accused was there. Test identification parade by mother of the boy is also in doubt. It is also evident that the recovery of drugs was made on 30.05.2017 and 31.05.2017 at Mumbai, whereas as per the rojnamcha report (Ex.D-10 & 11), accused were at Fatehpur on that day. It is also (Downloaded on 28/01/2023 at 12:18:01 AM) [2023/RJJP/000286] (3 of 3) [CRLAD-281/2022] evident that the appellants are not having any criminal antecedents.
9. Considering the same, we deem it proper to allow these suspension of sentence applications.
10. Accordingly, these applications for suspension of sentence are allowed. It is ordered that the sentence awarded to accused-appellants in Sessions Case No.07/17 shall remain suspended if the appellants furnish a personal bond of Rs.1,00,000/-(one lac only) and two sureties of Rs.50,000/- (fifty thousand only) each to the satisfaction of the learned trial Court to the effect that they shall appear before this Court as and when called upon to do so.
11. A copy of this order be placed in connected file.
12. Application(01/22) for taking additional documents on record will be considered at the time of final hearing. (ANIL KUMAR UPMAN),J (PANKAJ BHANDARI),J CHANDAN /20-21 (Downloaded on 28/01/2023 at 12:18:01 AM) Powered by TCPDF (www.tcpdf.org)