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2025 DAILYLAW 4462 (RAJ)

SHAHID MOHAMMED @ MAMMU S/O SHRI KHAJU SHAH v. STATE OF RAJASTHAN

SOSA/221/2025 · 2025-09-01

Bhuwan Goyal, Inderjeet Singh

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:34986-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 221/2025 In D.B. Criminal Appeal No.187/2024 Shahid Mohammed @ Mammu S/o Shri Khaju Shah, Aged About 20 Years, R/o A-496, Bandha Basti, Dem No. 1, Nahri Ka Naka, Shastri Nagar, Police Station Shastri Nagar, Jaipur. (At Present Confined In Jail Jaipur) ----Accused-Applicant Versus 1. State Of Rajasthan, Through Pp 2. Joya @ Popo D/o Raees Mohammed, R/o House No. A- 497, Bandha Basti, Nahari Ka Naka, Shastri Nagar, Police Station Shastri Nagar, Jaipur Presently Residing At Ganesh Vihar Colony, Near Durganath Temple Bandikui Dausa Minor Through Guardian Mother Sanno Bano ----Respondents For Applicant(s) : Mr. Shashank Pancholi Mr. Ganesh Prasad Meena For Respondent(s) : Mr. Jitendra Singh Rathore, Addl.GA with Ms. Neha Goyal HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 01/09/2025 1. Heard on suspension of sentence application. 2. Learned counsel for the accused-applicant submits that the accused-applicant has been falsely implicated in this matter. He further submits that recovery of clothes has not been made properly by the IO. He further submits that the hearing of appeal may take long time and prayed that sentence awarded to the [2025:RJ-JP:34986-DB] (2 of 2) [SOSA-221/2025] applicant may be suspended and he be released on bail during the pendency of the appeal. 3. Learned Additional Government Advocate opposed the present application for suspension of sentence and no one has put in appearance on behalf of the complainant to oppose the application for suspension of sentence despite service of notice. 5. We have heard counsel for the parties and perused the record. 6. Considering the facts and circumstances of the present case, also considering the statement of victim PW1, doctor PW7, DNA report Ex.P12 and also the age of the victim(6years), in our considered view, no case is made out for allowing this criminal miscellaneous suspension of sentence application. Hence, the suspension of sentence application is dismissed. (BHUWAN GOYAL),J (INDERJEET SINGH),J Anu /30