Rajasthan High Court - Jodhpur
Haji Mastan @ Mastan vs State Of Rajasthan ... on 11 July, 2023
Bench: Vijay Bishnoi, Yogendra Kumar Purohit
[2023:RJ-JD:20779-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension of Sentence Application (Appeal)
No. 61/2023
Haji Mastan @ Mastan S/o Azam Khan, Aged About 25 Years,
R/o Dabra P.S. Hathuniya, District Pratapgarh.
(At Present Lodged In Central Jail, Udaipur).
----Applicant
Versus
The State of Rajasthan
----Respondent
For Applicant : Mr. J.S. Choudhary, Sr. Advocate assisted by
Mr. Pradeep Choudhary
Mr. Vijay Kumar Gaur
For Respondent : Mr. B.R. Bishnoi, Public Prosecutor
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Order 11/07/2023 This criminal misc. suspension of sentence application (appeal) under Section 389 Cr.P.C. has been filed on behalf of the applicant-appellant with a prayer for suspending the sentence awarded to him by the Sessions Judge, Pratapgarh (hereinafter to be referred as 'the trial court') vide judgment dated 10.06.2022 passed in Sessions Case No.86/2018.
Learned counsel for the applicant-appellant has submitted that the trial court has grossly erred convicting and sentencing the accused applicant-appellant vide impugned judgment. Learned counsel for the applicant-appellant has invited our attention towards the statements of prosecution witnesses viz. Kirtipal (Downloaded on 12/11/2023 at 02:26:57 AM) [2023:RJ-JD:20779-DB] (2 of 4) [SOSA-61/2023] Singh (PW-1), Jaipal Singh (PW-2), Bhupendra Singh (PW-3) and Hafiz (PW-5) and argued that all the above named witnesses have specifically stated that son of the complainant got injured in an accident. It is further argued that the trial court itself has came to the conclusion that there was no motive of the accused applicant-appellant to commit murder of the son of the complainant. It is submitted that though the trial court has held that so called died declaration of the deceased is not reliable but despite that has convicted the accused applicant-appellant illegally. It is further submitted that the so called circumstantial evidence produced by the prosecution is concerned, the same is also very weak evidence and on the basis of that it cannot be said that the prosecution has proved the charges against the accused applicant-appellant beyond reasonable doubt. It is also submitted that the applicant-appellant is suffering incarceration since 20.07.2018 and there is every likelihood that the appeal filed by him will take time in hearing, therefore, the sentence awarded to him by the trial court be suspended during the pendency of that appeal.
Learned Public Prosecutor has opposed the prayer of the applicant-appellant for suspending his sentence.
Heard learned counsel for the parties on suspension of sentence application.
Having considered the totality of facts and circumstances of the case, we consider it just and proper to suspend the substantive sentence awarded to the accused applicant-appellant. (Downloaded on 12/11/2023 at 02:26:57 AM) [2023:RJ-JD:20779-DB] (3 of 4) [SOSA-61/2023] Accordingly, this suspension of sentence application filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 10.06.2022 in Sessions Case No.86/2018 against applicant-appellant - Haji Mastan @ Mastan S/o Azam Khan shall remain suspended till final disposal of the aforesaid appeal, 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 21.08.2023 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant-appellant 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.
3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.
The learned trial Court shall keep the record of attendance of the accused applicant-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant-appellant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. (Downloaded on 12/11/2023 at 02:26:57 AM)
[2023:RJ-JD:20779-DB] (4 of 4) [SOSA-61/2023] 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail. (YOGENDRA KUMAR PUROHIT),J (VIJAY BISHNOI),J Abhishek Kumar S.No.35 (Downloaded on 12/11/2023 at 02:26:57 AM) Powered by TCPDF (www.tcpdf.org)