Jafar Mohammad @ Jafar And Ors vs State Of Rajasthan

The learned Public Prosecutor has chosen not to file reply to the application for suspension of sentences despite opportunity being afforded. He proposes to argue the matter orally.

Shri Jagmal Singh Choudhary, learned Senior Advocate, assisted by Shri Pradeep Choudhary and Shri Amardeep Lamba, Advocates, representing the applicant vehemently and fervently urged that the prosecution witnesses have indulged in wholesome over implication while arraigning the appellant-applicants in the case at hand. They drew the court's attention to the finding recorded at para No.54 of the impugned judgment dated 15.03.2019, wherein, it has been specifically observed that the deceased Siraj was having two incised wounds on his chest area, which proved fatal and that the co-accused Babu Khan was armed with a knife, with which he inflicted these two fatal injuries to the deceased. They further contended that even though the accused appellants herein were allegedly armed with various blunt weapons, not a single injury was inflicted by these weapons to the deceased. He further alleged that the weapons recovered at the instance of the accused applicants were not even sent to the FSL. It was further contended that the accused were on bail during the course of trial and they did not misuse the liberty so granted to them by this Court. On these grounds, learned counsel for the appellant-applicants, implored the Court to accept the application for suspension of sentence filed on their behalf.

Learned public prosecutor has vehemently and fervently opposed the submissions advanced by the counsel of the appellant-applicants. He contended that the appellants actively participated in the unlawful assembly of assailants which attacked the deceased Siraj and who was killed at the spot. Nonetheless, he too was not in a position to dispute the fact that only two injuries in form of the incised wounds were noticed on the body of Siraj, which are specifically attributed by the prosecution witnesses to the co-accused Babu Khan. Though, the witnesses have alleged that the applicants herein too accompanied the co-accused Babu Khan and were holding various weapons, but not a single injury was caused by them to the deceased.

The parties were involved in an ongoing dispute over the right of way. Thus, the possibility of complainant party indulging in over implication of accused persons cannot be ruled out. The observations made herein above are restricted only for the purpose of deciding the present application for suspension of sentence.

In view of the discussion made herein above, we are inclined to extend the indulgence of bail to the appellant-applicants by suspending their sentences during pendency of the appeal.

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge No.1 Udaipur Camp Mavli vide judgment dated 15.03.2019 in Sessions Case No.27/2013 against the appellant-applicants-(1) Jafar Mohammad @ Jafar S/o Kale Khan, (2) Shageer Mohammad s/o Jafar Khan and (3) Smt. Chhota Banu w/o Babu Khan, shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided they executes a personal bond in the sum of Rs.80,000/- with two sureties of Rs.40,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 24.06.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.