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2025 DAILYLAW 23019 (RAJ)

TALEEM SON OF DIN MOHAMMAD v. STATE OF RAJASTHAN

SOSA/1291/2025 · 2025-08-05

Pramil Kumar Mathur

body2025

Judgment text

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[2025:RJ-JP:29967] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1291/2025 1. Taleem Son Of Din Mohammad, Aged About 27 Years, Resident Of Mallaka Police Station Punhana District Nuh Mewat Haryana (At Present Accused Are Confined In District Jail Ajmer) 2. Yusuf Khan Son Of Ajmat Khan, Aged About 27 Years, Resident Of Luhingala Police Station Punhana District Nuh Mewat Haryana (At Present Accused Are Confined In District Jail Ajmer) ----Petitioners Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Arafat Hussain For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 05/08/2025 1. Heard learned counsel for the applicants and learned Public Prosecutor on the application for suspension of sentence and perused the material available on record. 2. Learned counsel for the applicants submits that due to previous enmity, the applicants have falsely been implicated in this case. The conviction suffers from various infirmities. No independent witness has been named. It is admitted in the cross examination by the victim that he and other accused persons are residing within the jurisdiction of the same Police Station. He further submits that the applicants are on bail during trial and at [2025:RJ-JP:29967] (2 of 2) [SOSA-1291/2025] present they are in custody for last six months. However, disposal of this appeal is likely to take considerable time, therefore, the application for suspension of sentence be allowed. 3. Learned Public Prosecutor has vehemently opposed the application for suspension of sentence. 4. Taking into consideration all the facts and circumstances of the case and the material available on record and considering the arguments advanced by learned counsel for the petitioner but without expressing any opinion on merits of the case, I am inclined to suspend the sentence of the applicants-Taleem R/o Mallaka Police Station Punhana, District Nuh Mewat, Haryana and Yusuf Khan Resident of Luhingala Police Station Phnhana, District Nuh Mewat, Haryana awarded by Additional Sessions Judge (Woman Harassment Case), Distt. Ajmer in Sessions Case No. 81/2018. 5. It is, therefore, ordered that the sentence of the applicants shall remain suspended till disposal of the appeal and they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each, to the satisfaction of the trial Court to the effect that each of them shall appear before this Court on 09.09.2025 and as and when called upon to do so. 6. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J bmg /47