Rajasthan High Court - Jaipur
Jahir Hussain S/O Shahzad Hussain vs State Of Rajasthan on 6 September, 2021
Bench: Vijay Bishnoi, Goverdhan Bardhar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Suspension of Sentence Application No.
477/2021
In
D.B. Criminal Appeal No. 136/2020
Jahir Hussain S/o Shahzad Hussain, R/o Chandragupt Nagar,
Jhalarapatan, Police Station Jhalarapatan, Distt. Jhalawar Raj.
(Presently Lodged In Distt. Jail Jhalawar)
----Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Mohit Pareek
For Respondent(s) : Mr. Rekha Madnani, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
06/09/2021
Heard learned counsel for the applicant-appellant and the learned Public Prosecutor upon application for suspension of sentence.
Learned counsel for the applicant-appellant has submitted that the trial court has grossly erred in convicting and sentencing the accused-applicant vide impugned judgment. Learned counsel has argued that the prosecution has failed to produce any evidence to this effect that soon before death of the wife of the applicant-appellant there was any demand of dowry on the part of the applicant-appellant. Learned counsel has submitted that from the evidence of the father of the deceased PW-2 Amin Shah, who has also filed the complaint, it is clear that the (Downloaded on 06/09/2021 at 09:54:26 PM) (2 of 3) [SOSA-477/2021] deceased was under doubt that the applicant-appellant is in relation with several other ladies and on account of that quarrel took place often between the applicant-appellant and the deceased. Learned counsel has also invited our attention towards the statement of the PW-7 Firoz Khan who happened to be the husband of the sister of the deceased and has argued that the said witness has not levelled allegation regarding demand of dowry, but has simply said that the applicant-appellant and the deceased used to quarrel with each other on trivial issues. Learned counsel has, therefore, submitted that it is a clear case of suicide by the deceased as she was under doubt that the applicant is having relationship with some other ladies. Learned counsel has also submitted that the applicant-appellant is in custody since 12.10.2018 and, as such he has already undergone sentence of more than two and a half years. Learned counsel has further submitted that the applicant-appellant is having two minor children and for the purpose of well-being of these two minors, the sentence awarded by the trial court be suspended.
On the other hand, learned Public Prosecutor has opposed the application for suspension of sentence.
Having heard the learned counsel for the applicant- appellant and taking into consideration the evidence of PW-2 and PW-7 and also taking into consideration the fact that there are two minor children of the applicant-appellant but without expressing any opinion on the merits of the case, we deem it proper to suspend the sentence of the applicant-appellant.
Accordingly, this application for suspension of sentence is allowed and it is ordered that the sentence passed by the learned Special Judge (NDPS Cases), Jhalawar (Raj.) in Sessions (Downloaded on 06/09/2021 at 09:54:26 PM) (3 of 3) [SOSA-477/2021] Case No. 08/2019 vide judgment dated 28.02.2020 against the applicant -Jahir Hussain S/o Shahzad Hussain shall remain suspended till final disposal of the aforesaid criminal appeal provided he executes a personal bond in the sum of Rs.50,000/- along with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court for his appearance in this Court on 27.10.2021 and subsequently before the trial court on the following conditions:-
1. That he/she/they will appear before the trial court in the month of January every year till the appeal is decided.
2. That if the appellant(s) change the place of residence, he/she/they will give the changed address in writing to the trial court, High Court as well as to his/her/their counsel in the High Court.
3. Similarly if sureties change his/her/their address, they will give in writing his/her/their changed address to the trial court.
The learned trial court shall keep the record of attendance of the accused appellant(s) in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused appellant(s) was/were 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 appellant(s) do/does not appear before the trial court, the learned trial judge shall report the matter to the High Court for cancellation of bail.
(GOVERDHAN BARDHAR),J (VIJAY BISHNOI),J
Ritu/18
(Downloaded on 06/09/2021 at 09:54:26 PM)
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