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2025 DAILYLAW 33292 (RAJ)

SAHIL HUSSAIN @ MONI S/O SHRI SHAKIL HUSSAIN ANSARI v. STATE OF RAJASTHAN

SOSA/2154/2024 · 2025-01-03

Pankaj Bhandari, Shubha Mehta

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:420-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2154/2024 In D.B. Criminal Appeal No.108/2022 Sahil Hussain @ Moni S/o Shri Shakil Hussain Ansari, Aged About 22 Years, R/o Village Pota Nagar, District Eta (Up) At Present Tenant In House No. D-82, Shanti Nagar, Hasanpura, P.s. Sadar, Jaipur (West) ((Accused At Present In Judicial Custody At Special Central Jail Shyalawas Dausa) ----Accused-Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicant(s) : Ms. Shalini Joshi For State : Ms. Aarti Sharma, Dy. G.A. HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 03/01/2025 1. Accused-applicant has preferred this application for suspension of sentence. 2. Heard on application for suspension of sentence. 3. It is contended by learned counsel for the accused-applicant that there were no marks of injuries sustained on the private part of the victim. It is contended that the D.N.A. report does not implicate the present petitioner. Doctor has also given the statement that the victim has not sustained any injuries on her anal region. It is also contended that accused is aged about 18 [2025:RJ-JP:420-DB] (2 of 2) [SOSA-2154/2024] years and there was some money dispute between the accused and parents of the victim. 5. Learned Deputy Government Advocate has opposed the present application for suspension of sentence. 6. We have considered the contentions. 7. Considering the fact that the victim has not sustained any injuries on her anal region and accused-applicant has remained in custody for more than four years and nine months; without further going into the merits of the case, we deem it proper to allow the present application for suspension of sentence. 8. Accordingly, the present application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused applicant in Sessions Case No.10/2021(139/2020) shall remain suspended if the accused-applicant furnish a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Court to the effect that he shall appear before this Court as and when called upon to do so. (SHUBHA MEHTA),J (PANKAJ BHANDARI),J LAKSHYA-DAKSH/34