NADIM ALIAS WANTED SON OF USMAN GANI v. STATE OF RAJASTHAN
SOSA/750/2025 · 2025-09-03
Bhuwan Goyal, Inderjeet Singh
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 12518 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12518 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:35264-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 750/2025 In D.B. Criminal Appeal No.423/2024 Nadim Alias Wanted Son Of Usman Gani, Aged About 26 Years, Mohalla Kajiwada Ward No. 08, Jhunjhunu Police Station Kotwali Jhunjhunu District Jhunjhunu (At Present In Central Jail Bikaner) ----Applicant Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Babulal Son Of Surajram, Aged About 64 Years, Resident Of Ward No. 02, Gudhagorji Jhunjhunu (Rajasthan) ----Respondents For Applicant(s) : Mr. Harendra Singh with Mr. Jaswant Singh Rathore For Respondent(s) : Mr. Jitendra Singh Rathore, Addl. GA HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 03/09/2025
1. This suspension of sentence application has been filed by the present accused-applicant along with the appeal.
2. Counsel further submits that the accused-applicant has been falsely implicated in this matter. Counsel further submits that general allegations were leveled against the accused applicant in the FIR. He further submits that sentence of all the co-accused has already been suspended by this Court. He further submits that the appeal is not likely to be heard in near future and hearing/disposal of appeal is likely to take long time. Therefore,
[2025:RJ-JP:35264-DB] (2 of 2) [SOSA-750/2025] he prayed that sentence awarded to the accused-applicant may be suspended and the accused-applicant be released on bail during the pendency of the appeal.
3. Learned Additional Government Advocate opposed the present application for suspension of sentence and submits that the complainant/victim has duly been informed about filing of the suspension of sentence application but none has appeared on behalf of complainant/victim.
4. We have heard counsel for the parties and perused the record.
5. Considering the facts and circumstances of the present case, statements of eye-witnesses PW-2 & PW-4 and also the DNA report (Exhibit C-3), in our considered view, no case is made out to allow this suspension of sentence application.
6. Hence, the application for suspension of sentence stands dismissed.
(BHUWAN GOYAL),J (INDERJEET SINGH),J PAYAL DHAWAN /27