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HANIF KHAN versus STATE

High Court of Rajasthan

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HANIF KHAN v STATE - CRLAB Case No. 1228 of 2006 [2007] RD-RJ 481 (23 January 2007)

D.B. CRIMINAL MISC. BAIL APPLICATION (SUSPENSION OF

SENTENCE) NO.1228/2006

IN

D.B. CRIMINAL APPEAL NO.955/2006

DATE OF ORDER : 23.01.2007

HON'BLE MR. JUSTICE N.N.MATHUR

HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS

Mr. Pradeep Shah, for the appellant.

Mr. JPS Choudhary, Public Prosecutor.

We have heard learned counsel for the appellant, learned Public Prosecutor and perused the record.

It is contended by the learned counsel that the conviction of the appellant has been recorded solely on the basis of the circumstantial evidence. As far as evidence of identification is concerned, the same has been discredited by the trial court itself. As far as recovery of knife is concerned, the submission of the learned counsel is that FSL has not been exhibited. It is further submitted that the FSL report has also not been put to the accused in his statement under Section 313

Cr.P.C.

The bail application is opposed by learned Public

Prosecutor.

We are not impressed with the contention of learned counsel so far as exhibiting the FSL report is concerned.

However, there is some substance in the contention that the FSL report has not been put to the accused in the statement under

Section 313 Cr.P.C. The trial court ought to have taken care.

In the first instance, the trial court ought to have been exhibited such documents and put to accused in the statement under

Section 313 Cr.P.C.

Without expressing any opinion on the merit of the case and keeping in view all the facts and circumstances of this case, we feel it just and proper to suspend the sentence of the appellant. Accordingly, the bail application is allowed and it is ordered that the sentence passed by the learned Additional

Sessions Judge, (Fast Track) No.2, Udaipur vide his judgment dated 1.9.2006 against the appellant Hanif Khan S/o Abdul

Rehman shall remain suspended till the final disposal of the aforesaid criminal appeal provided he executes a personal bond in the sum of Rs.20,000/- along with two sureties in the sum of

Rs.10,000/- each to the satisfaction of the learned Additional

Sessions Judge, (Fast Track) No.2, Udaipur for his appearance in this Court on 12.03.2007 and subsequently before the trial court on the following conditions:- 1. That he will appear before the trial court in the month of

January every year till the appeal is decided. 2. That if the appellant changes the place of residence, he will give the changed address in writing to the trial court, High

Court as well as to his counsel in the High Court. 3. Similarly if sureties change their address, 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 appellant(s) in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions

Case in which the accused appellant(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 appellant(s) do/does not appear before the trial court, the learned trial judge shall report the matter to the High Court for cancellation of bail.

A copy of this order be sent to the Additional sessions Judge (Fast Track) No.2, Udaipur.

(GOPAL KRISHAN VYAS) J. (N.N. MATHUR) J. arun


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