Sadakat Ali @ Chhota Sadda vs State Of Rajasthan

Goverdhan Bardhar, J

Heard learned counsel for the parties on the third application for suspension of sentences No.394/2021 preferred on behalf the appellant-applicant with a prayer for suspending the sentences awarded to him by the trial court vide impugned judgment dated 2.11.2017.

It is noticed that the first application for suspension of sentences preferred on behalf of the appellant-applicant was dismissed as withdrawn vide order 15.02.2018 passed by a Co-ordinate Bench this Court while observing that after making arguments for some time, learned counsel for the applicant sought permission to withdraw the application for suspension of sentences. Thereafter, the second application for suspension of sentences preferred by the appellant-applicant was dismissed by a Co-ordinate Bench of this Court on 22.10.2018 while observing that as many as 25 criminal cases are registered against him.

Learned counsel for the appellant-applicant has submitted that since appellant-applicant has undergone the sentence of around five years, on this count, the application for suspension of sentences deserves to be allowed.

Per contra, learned Public Prosecutor as well as learned counsel for the complainant has vehemently opposed the application for suspension of sentences and argued that after rejection of the second application for suspension of sentences, there is no change in circumstance and, therefore, the application for suspension of sentences preferred on behalf of the appellant-applicant is liable to be dismissed. It is also submitted that the appellant-applicant has been awarded sentence of life imprisonment by the trial court and he has undergone around five years of sentence only, therefore, it can not be said that he has remained in jail for sufficient time.

Having heard learned counsel for the parties and after perusing the record of the trial court, we are not inclined to suspend the substantive sentences awarded to the appellant-applicant.

Hence, the third application for suspension of sentences No.394/2021 is hereby dismissed.