Suspended the sentence awarded by the trial court to the accused-applicant pending the final hearing of the appeal, requiring a bond of Rs.1,00,000/- with two sureties.
Sentence suspended; accused released on bail after furnishing personal bond of Rs.1,00,000/- with two sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.55/2022
IN
S.B. Criminal Appeal No. 73/2022
Mohsin Khan Son of Risal Khan, R/o Katori Wala Kua, Tijara Road, Alwar.
----Accused-Applicant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Jiya Ur Rahman, through VC For Respondent(s) : Mr. C.G. Chopra, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
13/01/2022
Heard learned counsel for the accused-applicant as well as learned Public Prosecutor on the application filed for suspension of sentence and perused the entire material available on record.
Learned counsel for accused-applicant submits that the applicant was on bail during trial and his sentence has already been suspended by the learned trial court. Learned counsel further submits that final hearing of the appeal is likely to take time thus sentence of the accused-applicant 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.
(2 of 2)
[SOSA-55/2022]
Without commenting upon the merits of the case, I deem it just and proper to suspend the sentence awarded to the applicant. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court against the accused-applicant namely, Mohsin Khan S/o Risal Khan in Criminal Case No.17/2019 shall remain suspended during pendency of appeal and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties in the like amount each to the satisfaction of the learned trial Court with the stipulation that he shall appear before this court on 16th February and as when
called upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /47
1 issue framed by the court
whether the sentence awarded during the pendency of the appeal should be suspended
Mohsin Khan
State Of Rajasthan
UMA SHANKER VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
