Rajasthan High Court – Jaipur
Shafiq Ahmed Son Of Shri Mumtaz Khan vs State Of Rajasthan … on 23 March, 2026
[2026:RJ-JP:11968-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Application (For Suspension Of Sentence) No.
141/2026
In
D.B. Criminal Appeal No.231/2025
1. Shafiq Ahmed S/o Shri Mumtaz Khan, Aged About 30
Years, Resident Of village Miyan-Ki-Dhani, Police Station,
Ranoli, District Sikar, (Raj.).
2. Sharif Ahmed S/o Shri Mumtaz Khan, Aged About 37
Years, Resident Of village Miyan-Ki-Dhani, Police Station,
Ranoli, District Sikar, (Raj.).
(Both Applicants are Presently Lodged In Central Jail At
Bikaner)
----Accused-Appellants
Versus
State Of Rajasthan, Through Public Prosecutor.
—-Respondent
For Petitioner(s) : Mr. Swadeep Singh Hora with
Mr. T.C. Sharma
For Respondent(s) : Mr. Naresh Kumar Gupta, P.P.
For Complainant(s) Mr. V.R. Bajwa, Sr. Adv. assisted by
Mr. Amar Kumar
HON’BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
HON’BLE MR. JUSTICE BHUWAN GOYAL
Judgment / Order
23/03/2026
This suspension of sentence application under Section 430 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by
the accused-applicants (for brevity, “the applicants”) alongwith the
appeal. The applicants have been convicted and sentenced by the
learned Additional Sessions Judge No.4, Sikar (for short, ‘the
learned trial Court’) vide judgment dated 29.04.2025 passed in
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[2026:RJ-JP:11968-DB] (2 of 4) [SOSA-141/2026]
Sessions Case No.141/2015 (BT No.16/2016) (CIS No.208/2015)
as under:-
1. Under Section 148 IPC: One year’s simple imprisonment and
fine of ₹1,000/- each; in default whereof, seven days’ additional
simple imprisonment.
2. Under Section 341 IPC: One month’s simple imprisonment
and fine of ₹500/- each; in default whereof, five days’ additional
simple imprisonment.
3. Under Section 323/149 IPC: Six months’ simple
imprisonment and fine of ₹1,000/- each; in default whereof, seven
days’ additional simple imprisonment.
4. Under Section 325/149 IPC: Four years’ simple
imprisonment and fine of ₹5,000/- each; in default whereof, one
month’s additional simple imprisonment.
5. Under Section 302/149 IPC: Life imprisonment and fine of
₹20,000/- each; in default whereof, six months’ additional simple
imprisonment.
All the substantive sentences to run concurrently.
Learned counsel for the applicants contends that they have
falsely been implicated in this case. He submits that they have
convicted inter alia under Section 302 IPC with the aid of Section
149 IPC and substantive sentence of similarly situated co-accused
persons namely Smt. Sayra Bano @ Guddi, Subhash Chand,
Mohammad Hanif @ Idu and Mumtaz Khan have already been
suspended by a coordinate Bench of this Court vide order dated
09.01.2026 and prays for suspension of substantive sentence
awarded to them vide judgment impugned dated 29.04.2025
during pendency of the appeal.
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[2026:RJ-JP:11968-DB] (3 of 4) [SOSA-141/2026]
Per contra, learned Public Prosecutor though, opposed the
prayer but, could not dispute that the case of the applicants is not
distinguishable from the case of the co-accused who have already
been extended benefit of suspension of sentence.
Learned Senior Counsel for the complainant opposing the
prayer, stated that the weapon of offence has been recovered on
the disclosure statement made by the applicant-Shafiq Ahmed and
therefore, he is disentitled for benefit of suspension of sentence.
Heard. Considered.
A perusal of the order dated 09.01.2026 passed by a
coordinate Bench of this Court whereby, the suspension of
sentence applications filed by the co-accused were allowed and
the material on record reflects that the case of the applicants is
not distinguishable from the case of the co-accused who have
already been extended benefit of suspension of sentence by this
Court. In view thereof, we deem it just and proper to allow the
application for suspension of sentence filed by the applicants.
Accordingly, the suspension of sentence application is
allowed. Substantive sentences awarded to the applicants by the
learned trial Court vide judgment dated 29.04.2025 shall remain
suspended during pendency of the appeal and the applicants-1.
Shafiq Ahmed S/o Shri Mumtaz Khan & 2. Sharif Ahmed
S/o Shri Mumtaz Khan shall be released on bail provided each
of them furnish bail bonds to the satisfaction of the learned trial
Court to the effect that they shall appear before this Court on or
before 23.04.2026 and as and when called upon to do so till
disposal of the appeal and subject to the following conditions:-
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[2026:RJ-JP:11968-DB] (4 of 4) [SOSA-141/2026]
1. That they will appear before the
learned trial Court in the month of January of
every year till the appeal is decided.
2. That if the applicants change the place
of residence, they will give in writing their
changed address(es) to the learned trial Court as
well as to their learned counsel in the High Court
who shall, in turn, inform this Court.
3. Similarly, if the sureties change their
address(es), they will give in writing their
changed address to the learned trial Court.
The learned trial Court shall keep the record of attendance of
the accused-applicants in a separate file(s). Such file(s) be
registered as Criminal Misc. Case relating to original case in which
the accused-applicants were tried and convicted. A copy of this
order shall also be placed in that file for ready reference. Criminal
Misc. file(s) shall not be taken into account for statistical purpose
relating to pendency and disposal of the case in the learned trial
Court. In case, the said accused-applicants do not appear before
the learned trial Court, the learned trial Judge shall report the
matter to the High Court for cancellation of benefit extended by
this order.
(BHUWAN GOYAL),J (MAHENDAR KUMAR GOYAL),J
Manish/15
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