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[2026:RJ-JP:12239-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Criminal Misc Suspension Of Sentence Application No.

1096/2025

in

D.B. Criminal Appeal No.244/2025

1. Nawab Khan S/o Haji Ali Baksh, Aged About 60 Years, Resident Of Village Enchera Police Station Nadbai District Bharatpur At Present R/o House No. 15, Major Banne Singh Colony Khatipura Jaipur Police Station Vaishali

Nagar, Jaipur West)

(At Present Confined In Central Jail Jaipur)

2. Ashfaq S/o Nawab Khan, Aged About 20 Years, Resident Of Village Enchera Police Station Nadbai District Bharatpur At Present R/o House No. 15, Major Banne Singh Colony Khatipura Jaipur Police Station Vaishali Nagar, Jaipur West) (At Present Confined In Central Jail

Jaipur)

----Petitioners Versus

State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s) : Mr. Madhav Mitra, Sr. Adv. with Ms. Jaya Mitra and

Mr. Sharukh Khan For Respondent(s) : Mr. Naresh Kumar Gupta, PP

Mr. Gaurav Sharma with Mr. Jitendra Choudhary for Mr. Rajesh Kumar Sharma

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

24/03/2026

This suspension of sentence application under Section 430 of

the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by

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[2026:RJ-JP:12239-DB] (2 of 5) [SOSA-1096/2025] the accused-applicants (for brevity, “the applicants”) alongwith the appeal. The applicants have been convicted and sentenced by the learned Additional District and Sessions Judge No.6, Jaipur Metropolitan-II vide judgment dated 19.03.2025 passed in

Sessions Case No. 3/2025 (CIS No. 10/2023) as under:-

1. Under Section 302 read with Section 149 IPC: Life imprisonment and fine of ₹50,000/-; in default whereof, one

month’s additional simple imprisonment.

2. Under Section 323 read with Section 149 IPC: Eight months’ simple imprisonment and fine of ₹800/-; in default

whereof, 8 days’ additional simple imprisonment.

3. Under Section 341 IPC: One month’s simple imprisonment and fine of ₹500/-; in default whereof, five days’ additional simple

imprisonment.

4. Under Section 148 IPC: Two year’s simple imprisonment and fine of ₹5,000/-; in default whereof, 15 days’ additional simple

imprisonment.

All the sentences to run concurrently.

Learned Senior Counsel for the applicants, inviting attention

of this Court towards the testimony of Sameem Khan (PW-23), Rubina Khan (PW-25) and Mangtu Khan (PW-28), would submit that the same does not inspire confidence as to involvement of the applicants in the alleged offence. He submitted that Sameem Khan has admitted not to have seen the incident. He further contended that injuries on their person could not be explained by the prosecution which creates a doubt as to reliability of the prosecution case. Learned Senior Counsel submitted that the allegation against the applicants is of catching hold of the

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[2026:RJ-JP:12239-DB] (3 of 5) [SOSA-1096/2025] deceased whereas, the allegation of inflicting fatal injuries is on co-accused person. He, therefore, prays that the suspension of

sentence application be allowed.

Per contra, learned Public Prosecutor, assisted by learned

counsel for the complainant, prayed for dismissal of the

application.

Heard. Considered.

As per the prosecution case, the incident occurred on

account of a property dispute between the parties who are closely related and there was a scuffle in between them on the previous day from the date of incident wherein, the accused party might have received some injuries. However, the material available on record reflects that on the day of incident, i.e., 19.10.2022, the applicants, along with co-accused person, constituting an unlawful assembly and in furtherance of their common object, committed murder of deceased Sameer by inflicting stab wounds with a knife. The allegations are medically corroborated as is reflected from the post-mor