Rajasthan High Court - Jaipur
State Of Rajasthan vs . Mubin. on 23 April, 2015
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR D.B. CRIMINAL MISC. 6th SUSPENSION OF SENTENCE APPL. No.459/2014 IN D.B. CRIMINAL APPEAL No.558/2006 State of Rajasthan vs. Mubin. Date of Order: 23/04/2015 HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE HON'BLE MISS JUSTICE BELA M. TRIVEDI Ms. Sonia Shandilya, PP for the State. Dr. P.C. Jain ] Mr. V.R. Bajwa ], for the complainant. Mr. Suresh Sahni, for the accused applicant. Heard the learned counsel for the parties. This is sixth application for suspension of sentence filed by the accused under Section 390 read with Section 378 Cr.P.C. While deciding the fourth application for suspension of sentence on 20.03.2012, detail order was passed in respect of earlier applications filed by the accused. It was also ordered that the accused is at liberty to file a mini paper book and the same will be checked out of turn. Thereafter, the appeal was to be listed for hearing at an early date, on priority basis. The accused respondent had, instead of complainant, filed the mini paper book. Subsequently while deciding the fifth bail application, the office was directed to list the appeal in the hearing list on priority. Further, it was ordered that the appeal shall remain in the hearing list till it is finally taken up by the Court. We are informed that in compliance of the said order, the appeal was listed in the hearing list but later on the same was de-listed at some point of time.
The primary contention raised by the counsel for the accused, in this sixth application for suspension of sentence, is that after the decision of the fifth bail application of the accused, the Hon'ble Supreme Court, vide order dated 05.05.2014, granted bail to the co-accused Amin Khan with the following order:
During the pendency of the appeal before the High Court, we direct that the petitioner be released on bail on furnishing bail bonds and sureties to the satisfaction of the trial court.
The special leave petition stands disposed of accordingly It may be noted that prior to passing of the said order of bail, the accused Amin Khan had filed an SLP before the Hon'ble Supreme Court which had come to be dismissed on 25.02.2009. Likewise, the present accused Mubin Khan had also filed an SLP and the same was withdrawn and accordingly dismissed on 21.11.2008.
After taking into consideration the evidence on record, the finding arrived at by the learned trial court and the fact that the accused was acquitted and the earlier orders passed by this Court in various applications for suspension of sentence filed by the accused, we are of the considered opinion that it is a fit case where the appeal deserves to be heard out of turn. As the paper book is already complete and the custody of appellant Mubin is nearing about 9 years, it would be appropriate to dispose of this sixth application for suspension of sentence with the direction to the registry to list the appeal amongst top ten appeals in the hearing list of the Bench hearing such appeals. As ordered earlier, the appeal shall remain in the hearing list in the same position until it is taken up by the Court.
With the aforesaid direction to the registry, this sixth application for suspension of sentence is disposed of.
(BELA M. TRIVEDI),J. (RAGHUVENDRA S.RATHORE),J. tikam daiya/ Item No.2
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Tikam Daiya, Personal Assistant.