Allowed

Hakmuddin Son of Jaum Khan v. State of Rajasthan

Rajasthan HC4 Jan 2022SOSR/202/2021

Case brief

AI extract

What is this about?

The High Court allowed a suspension of sentence application filed by an accused who was convicted and sentenced for cheating and forgery offences. The court ordered the execution of the sentence to remain suspended subject to the furnishing of a personal bond of Rs. 1 Lakh with two sureties of Rs. 50,000 each.

What did the court decide?

Execution of the sentence awarded by the Trial Court and affirmed by the Appellate Court is suspended during the pendency of the petition, provided the applicant furnishes a personal bond of Rs. 1,00,

Hakmuddin Son of Jaum Khan Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. (Suspension of Sentence) Application

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No.202/2021

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S.B. Criminal Revision Petition No. 817/2021

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Hakmuddin Son of Jaum Khan, R/o Sawlana, Police Station Kaman, District Bharatpur Rajasthan (Presently Confined In Central Jail Sewar District Bharatpur)

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----Accused-Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. Rajeev Kumar Sogarwal For Respondent(s) : Mr. C.G. Chopra, P.P.

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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04/01/2022

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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 29.01.2014 for the offence under Section(s) 420, 467, 468, 471, read with Section 120B IPC & 379/411 IPC and sentenced as under:-

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For offence under Section 420/120B IPC- Simple Imprisonment of seven years with a fine of Rs.500/-; in default of payment of fine, to further undergo simple imprisonment of three months.

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(2 of 3)

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[SOSR-202/2021]

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For offence under Section 467/120B IPC- Simple Imprisonment of seven years with a fine of Rs.500/-; in default of payment of fine, to further undergo simple imprisonment of three months.

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For offence under Section 468/120B IPC- Simple Imprisonment of seven years with a fine of Rs.500/-; in default of payment of fine, to further undergo simple imprisonment of three months. For offence under Section 471/120B IPC- Simple Imprisonment of two years with a fine of Rs.500/-; in default of payment of fine, to further undergo simple imprisonment of three months. For offence under Section 411 IPC- Simple Imprisonment of three years with a fine of Rs.500/-; in default of payment of fine, to further undergo simple imprisonment of three months.

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The appellant-applicant thereafter filed an appeal, but the appellate Court vide its judgment dated 21.08.2019 dismissed the appeal and affirmed the judgment passed by the Trial Court.

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Learned counsel further submits that the accused applicant was on bail during trial and appeal and currently is confined in Central Jail Sewar District Bharatpur since 05.07.2021. 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 Hakmuddin S/o Jaum Khan by the Trial Court and affirmed by the Appellate Court shall remain suspended during the pendency of the petition, provided

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(3 of 3)

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[SOSR-202/2021]

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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 04^th February, 2022 and thereafter as and when called upon to do so.

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(UMA SHANKER VYAS),J

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DANISH USMANI /39

Hakmuddin Son of Jaum Khan v. State of Rajasthan

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Hakmuddin Son of Jaum Khan v. State of Rajasthan

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