Mubarak vs State Of Rajasthan

This criminal misc. second application for suspension of sentence is preferred on behalf of the appellant-applicant Mubarak with a prayer that the sentence awarded to him by the learned trial court vide judgment dated 25.08.2020 in Sessions Case No.1/2010 may be suspended.

It is noticed that the earlier application for suspension of sentence filed on behalf of the appellant-applicant was dismissed by this Court on 03.12.2021 by a detailed order.

Learned counsel for the appellant-applicant has submitted that he has preferred this criminal misc. second application for suspension of sentence solely on the ground that the appellant-applicant is suffering from several diseases and, therefore, his sentence may be suspended on medical grounds.

As per the Courts’ direction, learned counsel for the appellant-applicant has produced the report of the Superintendent, Central Jail, Jodhpur dated 09.02.2023 along with the opinion of the Senior Medical Officer of Jail Dispensary, Jodhpur. As per the report of the Medical Officer, the appellant is suffering from Cervical Spondilitis, Diabetes (T2DM), I.H.D. (Ischeamic Heart Disease), Osteo-Arthritis B/L- Knee. It is also mentioned in the report that the appellant-applicant is getting treatment as per the opinion of the Medical Specialists in jail itself. It is also mentioned in the report that the appellant-applicant is advised to go for total knee replacement.

Having gone through the report of the Medical Officer, we are of the opinion that when the appellant-applicant is getting treatment as per the advise of specialized doctors in the jail itself, no case for suspension of sentence is made out.

Hence, this criminal misc. second application for suspension of sentence is dismissed.

However, the Jail Authorities shall continue to provide treatment to the appellant-applicant as per the advise of the Medical specialists.