The High Court suspended the sentences awarded to two appellants and ordered their release on bail during the pendency of their criminal appeals.
Both applications for suspension of sentence allowed; appellants released on bail subject to personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.3/2022
In
S.B. Criminal Appeal No. 3/2022
Abid Hussain @ Kaka S/o Noor Mohammad, R/o Chatrapura, P.s. Vigyan Nagar, Kota Distt. Kota (Accused In Jail At Kota)
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
Connected with
S.B. Criminal Misc. Suspension of Sentence Application
No.1295/2021
In
S.B. Criminal Appeal No. 2073/2021
Saddam Manjar S/o Rafiq Manjar, Resident Of Chatrapura Ps Vigyan Nagar Kota District Kota (At Present Confined At Central Jail Kota)
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Sajid Ali, through VC Mr. Syed Shahid Hasan, through VC For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
19/01/2022
(2 of 3) SOS3/2022,1295/2021
Heard learned counsel for the accused-applicants as well as learned Public Prosecutor on the applications filed for suspension of sentence and perused the entire material available on record.
Learned counsel for accused-applicants submit that both the applicants were on bail during trial and they are presently in judicial custody. Learned counsel further submit final hearing of the appeals is likely to take time thus sentence of the accused-appellants may be suspended.
Learned Public Prosecutor has vehemently opposed
the prayer regarding suspension of sentence.
I have considered the submissions made by learned
counsel for the parties.
Without commenting upon the merits of the case, I deem it just and proper to suspend the sentence awarded to the applicants.
Accordingly, both the applications for suspension of sentence are allowed and it is ordered that the sentence awarded by the learned trial court against the accusedappellant/s namely, 1.Abid Hussain @ Kaka S/o Noor Mohammad and 2.Saddam Manjar S/o Rafiq Manjar in Sessions Case No.162/2016 shall remain suspended during pendency of appeals and they be released on bail, provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties of Rs.50,000/- (Rupees
(3 of 3)
SOS3/2022,1295/2021
Fifty Thousand) each to the satisfaction of the learned trial court with the stipulation that they shall appear before this court on 20th , February 2022 and as and when called upon to do so.
(UMA SHANKER VYAS),J
CHHAYA AWASTHI /49,50
2 issues framed by the court
Whether the sentences awarded to the accused-appellants should be suspended during the pendency of their appeals.
Whether the accused-appellants should be released on bail pending the outcome of the appeals.
Abid Hussain @ Kaka
Saddam Manjar
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
