STATE OF RAJASTHAN Vs. CHINTU @ ASLAM SHER KHAN

JUDGEMENT

(1.) According to brief facts of the case, DB Criminal Appeal No.594/2009 was filed by the non applicant-accused against his conviction and sentence vide judgment and order dated 30 th March 2009 passed in Sessions Case No.3/2006 by learned Additional Sessions Judge (Fast Track) No.2, Kota for commission of offence under Section 302 of IPC, by which, the non applicant-accused was sentenced to life imprisonment. The case originated out of FIR No.477/2005 registered under Section 302/34 of IPC dated 25.09.2005 registered at Police Station Gumanpura, District Kota. Charge-sheet was submitted in the concerned court. In this appeal, non-applicant filed an application for suspension of sentence vide misc. application No.831/2012 before this Court and this Court dismissed the application for suspension of sentence vide order dated 21.11.2013.

(2.) Aggrieved against this order dated 21.11.2013, non- applicant preferred Special Leave Petition (Criminal) No.1334/2014 (subsequently converted into criminal appeal No.561/2014) before the Hon'ble Supreme Court. Hon'ble Supreme Court vide order dated 07.03.2014 granted bail. In compliance of the direction of Hon'ble Supreme Court, the non-applicant was released on conditions enumerated in the order.

(3.) After his release on bail in criminal appeal No.561/2014 vide order dated 07.03.2014, another FIR was registered against present non applicant-accused, which was numbered as FIR No.493 dated 4 th September, 2018 at Police Station Nayapura, District Kota under Sections 307, 147, 148, 149, 247 read with Section 3/25 of Arms Act and charge-sheet was filed against the non-applicant as well as other accused persons. Thereafter, two other FIRs were filed, which were FIR Nos.164/2019 and 228/2020 and in these FIRs, after investigation, charge-sheet was filed against the non applicant-accused for offence of, inter-alia, threatening eye-witnesses of criminal case in FIR No.493/2018.