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2026 DAILYLAW 20117 (RAJ)

HAKAM SON OF SHRI KALLU v. STATE OF RAJASTHAN

CRLMA/616/2025 · 2026-01-20

Ashok Kumar Jain

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:2491] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No. 616/2025 1. Hakam Son Of Shri Kallu, Aged About 45 Years, Resident Of Village Jhanjhar, Police Station Sikari, District Bharatpur, Rajasthan. (Presently Confined In Central Jail Sewar, Bharatpur) 2. Aasu Son Of Suban Khan, (Died), R/o Resident Of Village Jhanjhar, Police Station Sikari, District Bharatpur, Rajasthan. {Died} 3. Majlis Son Of Ishab, Aged About 60 Years, Resident Of Village Jhanjhar, Police Station Sikari, District Bharatpur, Rajasthan. (Presently Confined In Central Jail Sewar, Bharatpur) 4. Islam Son Of Ishab, Aged About 65 Years, Resident Of Village Jhanjhar, Police Station Sikari, District Bharatpur, Rajasthan. (Presently Confined In Central Jail Sewar, Bharatpur) ----Petitioners Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 20/01/2026 1. Learned counsel for the petitioner submitted that the petitioner, namely Hakam, Majlis and Islam, were arrested by the police and are in custody since 15.09.2025. He further submitted that he has procured the power of attorney on 13.01.2026, duly attested by the Jailer, Central Jail, Bharatpur. He further submitted that pursuant to the [2026:RJ-JP:2491] (2 of 3) [CRLMA-616/2025] judgment of conviction and sentence dated 11.04.2019 and dismissal of the criminal appeal vide order dated 12.12.2019, Criminal Revision Petition No. 590/2020 was filed before this Hon’ble Court, which came to be dismissed by this Court on 24.09.2024. He further submitted that the petitioners are in custody and, therefore, the order dated 24.09.2024 deserves to be recalled and the revision petition be re-registered for hearing of the suspension of sentence application. 2. Having considered the submissions and the material placed on record, indicate that arising out of FIR No. 69/2006 registered at Police Station Pahari, Bharatpur, a Criminal Case No. 474/2006 was registered, which ultimately ended in conviction. Aggrieved by the order of conviction, the accused persons namely Hakam, Asu (since dead), Majlis and Islam preferred Criminal Appeal No. 8/2019, which was dismissed on 12.12.2019 by the learned Additional Sessions Judge, Kama, District Bharatpur. 3. Aggrieved from the dismissal of the criminal appeal and affirmation of the judgment of conviction and sentence, a revision petition was preferred before this Court, which was dismissed on 19.10.2024 pursuant to the order dated 24.09.2024 passed by this Court. During this period, one of the accused, namely Asu, expired and a copy of his death certificate has been enclosed with the instant application. The remaining three accused persons are in custody and are presently lodged in Central Jail, Sevar, Bharatpur. [2026:RJ-JP:2491] (3 of 3) [CRLMA-616/2025] 4. In the facts and circumstances of the case, it is appropriate to recall the order passed by this Court and re-register the criminal revision petition so as to afford an opportunity of hearing to the petitioners. 5. Accordingly, the order dated 24.09.2024 and the consequential order dated 19.10.2024 are hereby recalled. Criminal Revision Petition No. 590/2020 is directed to be re- registered by the office. The miscellaneous application stands disposed of. 6. List the revision petition before the appropriate roster on 24.01.2026. (ASHOK KUMAR JAIN),J PREETI VALECHA /311