Saleem Khan vs The State Of Rajasthan Through P.P on 19 June, 2015
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
O R D E R
S.B. CR. MISC. SUSPENSION OF SENTENCE APPLICATION NO. 259/2014
IN
S.B. CRIMINAL APPEAL NO. 409/2014
Saleem Khan
Vs.
The State of Rajasthan through P.P.
DATE OF ORDER : 19/06/2015
HON'BLE MR. JUSTICE Atul Kumar Jain V.J.
Mr. Rajesh Sharma, for the applicant
Ms. Manisha Pareek, PP for the State
Accused appellant Saleem Khan was convicted in Cr. Case No.3/2013 by the Addl. Sessions Judge No.7, Jaipur Metro, Jaipur on 11.2.2014 for offence under Section 328 IPC by seven years' imprisonment and a fine of Rs.2000/-.
Accused appellant Saleem Khan wants suspension of sentence in this matter. But this Court is not inclined to grant benefit of suspension of sentence to accused appellant Saleem Khan in the circumstances of the case. The trial court has mentioned in its judgment that in one other criminal case also the accused appellant had been convicted by another court. SHO, Police Station, Transport Nagar, Jaipur has also submitted list of ten other criminal cases registered against accused appellant Saleem Khan in different police stations of Jaipur and almost all those cases were registered for offences under sections 392, 397, 394 or 328 IPC etc.
This Court is of considered view that benefit of suspension of sentence should not be given to habitual criminals. At the time of disposal of their application under Section 389 Cr.P.C. their criminal antecedents cannot be ignored. In the circumstances, application under Section 389 Cr.P.C. filed by Saleem Khan is hereby dismissed.
If the accused appellant submits an application in writing before the regular Bench hearing the appeal for early hearing of his appeal then he should also submit a copy of this order before the concerned Bench and in that case, the concerned Bench is requested to give top priority to hearing of the appeal of accused Saleem Khan.