IBRA@ UBRAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two applications for suspension of sentence are preferred by appellants - Ibra @ Ibran Son Of Mamrej, Handu @ Devo @ Devilal Son Of Samay Singh in pending appeal filed aggrieved from order of conviction and sentence dtd. 31/8/2024 in Sessions Case No. 46/2018 (32/2014) passed by learned Additional Sessions Judge no.2, Kishangarh Bas, District Alwar whereby appellant Ibra @ Ibran was convicted for offence under Ss. 148, 341, 342, 395, 323 of IPC and Sec. 3/25 of Arms Act and appellant accused Handu @ Devo @ Devilal Son Of Samay Singh was convicted for offence under Ss. 148, 341, 342, 395 of IPC and sentenced accordingly.

(2.) During course of argument, learned counsel offers to withdraw SOS application no. 1687/2024 filed on behalf of Ibra @ Ibran Son Of Mamrej, therefore, this SOS application in criminal appeal no. 2544/2024 is permitted to be dismissed as withdrawn. We are only considering SOS application of Handu @ Devo @ Devilal Son Of Samay Singh.

(3.) Learned counsel for the appellant while relying upon grounds of appeal submitted that appellant is an innocent person and he was falsely implicated in the instant case. Learned counsel further submits that as per report submitted by SHO P.S. Jurhera only six cases were registered against this appellant and out of which 4 have already been disposed whereas the fifth case is present one and in sixth case he is facing trial. He further submitted that this appellant accused has served substantial part of sentence as he is in custody for quite some time. He further submitted that the appellant undertakes not to indulge in any criminal activity. He also submitted that the appellant is ready and willing to abide by any terms or conditions as imposed by this Hon'ble Court. At last, he submitted that this appellant was on bail during trial and disposal of appeal will take its own time.