Allowed

Abdul Hameed Son of Samda Ji v. State of Rajasthan

Rajasthan HC16 Nov 2021SOSR/296/2021

Case brief

AI extract

What is this about?

High Court allowed an application for suspension of sentence during the pendency of a petition. The applicant, convicted of offences under IPC Sections 279, 338, and 304A, was ordered to execute a personal bond of Rs. 1,00,000/- with two sureties.

What did the court decide?

Suspension of the execution of sentence awarded by the Trial Court and affirmed by the Appellate Court during the pendency of the petition, conditioned upon furnishing a personal bond with sureties.

Abdul Hameed Son of Samda Ji Vs… — Constitutional and Fundamental Rights | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Misc. Suspension of Sentence

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Application No.296/2021

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S.B. Criminal Revision Petition No. 1107/2021

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Abdul Hameed Son of Samda Ji, Resident of Somalpur, Police Station Ramganj, District Ajmer, (Raj.) (At Present In Central, Jail, Ajmer)

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----Accused/Petitioner

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Versus

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State of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Khurshid Ahmed Khan For Respondent(s) : Mr. Imran Khan, P.P.

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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16/11/2021

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This suspension of sentence application has been filed by the applicant seeking suspension of his sentence.

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Learned counsel for the applicant has contended that the applicant was convicted by the Trial Court vide its judgment dated 30.10.2012 for the offence under Section(s) 279, 337, 338 & 304A IPC and sentenced as under:-

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For offence under Section 279 IPC- Simple Imprisonment of six months with a fine of Rs. 200/-; in default of payment of fine, to further undergo simple imprisonment of fifteen days. For offence under Section 337 IPC- Simple Imprisonment of six months with a fine of Rs.300/-; in default of payment of fine, to further undergo simple imprisonment of twenty days.

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(2 of 3)

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[SOS-296/2021]

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For offence under Section 338 IPC- simple imprisonment of one year with a fine of Rs.500/-; in default of payment of fine, to further undergo simple imprisonment of twenty five days.

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For offence under Section 304A IPC- simple imprisonment of two years with a fine of Rs.800/-; in default of payment of fine, to further undergo simple imprisonment of one month.

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The appellant-applicant thereafter filed an appeal, but the appellate Court vide its judgment dated 06.10.2021 partly allowed the appeal and acquitted the accused petitioner from offence under Section 337 IPC and affirmed the judgment passed by the Trial Court vide order dated 30.10.2012 for the offence under Section(s) 279, 338 & 304A IPC. Learned counsel further submits that the accused applicant was on bail during trial as well as during appeal and at present accused petitioner is confined in jail. He has prayed that this application for suspension of sentence of the applicant may be allowed and sentence of the applicant may be suspended during the pendency of the petition.

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Learned Public Prosecutor has opposed same.

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Having heard the learned counsel appearing for the respective parties and carefully scanned the entire material available on record, this suspension of sentence application filed by the applicant is allowed and it is ordered that execution of sentence awarded to accused applicant Abdul Hameed S/o Samda Ji by the Trial Court and affirmed by the Appellate Court shall remain suspended during the pendency of the petition, provided he furnishes a personal bond of Rs. 1,00,000/- (Rs. One Lakh) with two sureties of Rs.50,000/- (Rupees Fifty Thousand) each before the concerned Trial Court to the satisfaction of the learned trial court with the stipulation that he shall appear before

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(3 of 3)

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[SOS-296/2021]

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this Court on 17^th December, 2021 and thereafter as and when called upon to do so.

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(UMA SHANKER VYAS),J

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DANISH USMANI /23

Abdul Hameed Son of Samda Ji v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Abdul Hameed Son of Samda Ji v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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