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2025 DAILYLAW 33395 (RAJ)

ABDUL WAHID SON OF MOHAMMED ASLAM v. STATE OF RAJASTHAN

SOSA/2173/2024 · 2025-01-07

Pankaj Bhandari, Shubha Mehta

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:861-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2173/2024 In D.B. Criminal Appeal No.423/2024 1. Abdul Wahid Son Of Mohammed Aslam, Resident Of F-73, Indira Nagar Ward No. 7, Jhunjhunu Police Station Kotwali Jhunjhunu District Jhunjhunu (At Present In Central Jail Bikaner) 2. Sarafraj Son Of Shokat Lai, Aged About 24 Years, Resident Of Indira Nagar Ward No. 7, Jhunjhunu Police Station Kotwali Jhunjhunu District Jhunjhunu (At Present In Central Jail Bikaner) ----Accused-Applicants Versus 1. State of Rajasthan, Through the PP 2. Babulal Son of Surajaram, Aged About 64 Years, Resident of Ward No. 02, Gudhagorji Jhunjhunu (Rajasthan) ----Respondents For Applicant(s) : Mr. Biri Singh Sinsinwar, Sr. Adv. assisted by Mr. Jaswant Singh Rathore For Complainant(s) For State : : Mr. Arvind Kumar Chawla Mr. Vivek Sharma, Addl. G.A. HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 07/01/2025 1. Accused-applicants have 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-applicants that there is no allegation against the accused-applicants of [2025:RJ-JP:861-DB] (2 of 2) [SOSA-2173/2024] causing any injury to the deceased. The deceased died due to a single knife blow which is assigned to Nadeem. It is also contended that accused-applicants were on bail during trial. 4. Learned Addl. Government Advocate as well as the learned counsel for the complainant have opposed the present application for suspension of sentence. It is contended that all the accused- applicants caught hold of the deceased and Nadeem gave a knife blow to him. 5. We have considered the contentions. 6. From perusal of the evidence and record it is evident that the deceased sustained only one knife blow which is assigned to Nadeem. Accused-applicants were on bail during trial. Disposal of appeal will take time. Hence, we deem it proper to allow the present application for suspension of sentence. 7. Accordingly, the present application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused-applicants in Sessions Case No.31/2019(C.I.S. No. 31/2019) shall remain suspended if the accused-applicants 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 they shall appear before this Court as and when called upon to do so. (SHUBHA MEHTA),J (PANKAJ BHANDARI),J DAKSH/40