JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR…
Sentence suspended pending appeal; personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.1347/2021
In
S.B. Criminal Appeal No. 2144/2021
Mufreed S/o Taiyab Khan, R/o Medabas Police Station Kishangarhbas District Alwar (Raj)
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Sanjay Khan, through VC For Respondent(s) : Mr. C.G. Chopra, PP
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
10/01/2022
This suspension of sentence application has been filed by the applicant seeking suspension of his sentence.
Learned counsel for the applicant has contended that the applicant was convicted by the Trial Court vide its judgment dated 18.12.2021 for the offence under Section(s) 3, 5, 6/8, 9 of the RBA Act and Section (s) 16/54 of the Rajasthan Excise Act and sentenced as under:-
(2 of 3)
SOSA1347/2021
– For offence under Section 3/8 of the RBA Act, 1995
rigorous imprisonment of two years with fine of Rs.10,000/-; in default of payment of fine, to further undergo rigorous imprisonment of four months’ For offence under Section 5/8 of the RBA Act – rigorous imprisonment of one year with fine of Rs.5000/-; in default of payment of fine, to further undergo rigorous imprisonment of two months.
For offence under Section 9 of the RBA Act – rigorous imprisonment of one year with fine of Rs.1000/-; in default of payment of fine, to further undergo rigorous imprisonment of one month.
For offence under Section 16/54 of the Rajasthan Excise Act – simple imprisonment of one year with fine of Rs.1000/-; in default of payment of fine, to further undergo simple imprisonment of one months.
Learned counsel further submits that the accused applicant was on bail during trial and his sentence was already suspended by the trial court for a period of one month. Since disposal of the appeal is likely to take long time, he has prayed that this application for suspension of sentence of the applicant may be allowed and the sentence of the applicant may be suspended during the pendency of the appeal.
Learned Public Prosecutor has opposed same.
(3 of 3)
SOSA1347/2021
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 Mufreed S/o Taiyab Khan by the Trial Court shall remain suspended during the pendency of the appeal, 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 this Court on 14th February, 2022 and thereafter as and when called upon to do so.
(UMA SHANKER VYAS),J
CHHAYA AWASTHI /49
Mufreed S/o Taiyab Khan
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
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