Allowed

Shanu Son of Mohammed Ali v. State of Rajasthan

Rajasthan HC12 Jan 2023SOSA/1141/2022

Case brief

AI extract

What is this about?

This order allows a suspension of sentence application filed by three appellants convicted under Section 307, 326, and 324 IPC. The High Court suspended their sentences and released them on bail pending the disposal of their criminal appeal, subject to executing a personal bond with sureties and adhering to specific conditions regarding appearance and address updates.

What did the court decide?

Application for suspension of sentence allowed; sentences suspended; appellants released on bail subject to bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each and conditions regarding annual

Shanu Son of Mohammed Ali Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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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 No.1141/2022

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S.B. Criminal Appeal No. 1754/2022

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Shanu Son Of Mohammed Ali, R/o Ibrahim Vakeel Ki Gali Brajrajpura Kota Rajasthan (At Present Confined At Central Jail Kota)

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Afroj S/o Mohammed Ali, R/o Ibrahim Vakeel Ki Gali Brajrajpura Kota Rajasthan (At Present Confined At Central Jail Kota)

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Saddam S/o Mohammed Ali, R/o Ibrahim Vakeel Ki Gali Brajrajpura Kota Rajasthan (At Present Confined At Central Jail Kota)

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----Appellants

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Versus

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State Of Rajasthan, Through P.p

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----Respondent

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For Appellant(s) : Mr. Abdul Kalam Khan, Adv. For Respondent(s) : Mr. Mangal Singh Saini, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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12/01/2023

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Heard learned counsel for the accused appellant and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 29.08.2022 in Sessions Case No.4/2015 (12/2015) passed by A.D.J. No.3, Kota, whereby the accused appellant has been convicted for the offence punishable under section 307/34 of IPC and has been sentenced to maximum seven years rigorous imprisonment along with fine of

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(2 of 3)

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[SOSA-1141/2022]

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Rs.20,000/-; and under Section 326/34 of IPC has been sentenced to maximum five years rigorous imprisonment along with fine of Rs.10,000/-; and under Section 324/34 of IPC has been sentenced to maximum two years rigorous imprisonment along with fine of Rs.5,000/- and under Section 341 of IPC and has been sentenced to maximum one month simple imprisonment along with fine of Rs.500/-.

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Learned counsel for the accused-appellants submits that neither the victim nor her father have supported the story of the prosecution, despite that the learned trial Court reached on conclusion of guilt of the appellants on the basis of surmises and conjectures, therefore, the entire evidence requires to be reappreciated.

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Counsel for the complainant is present before this Court and does not object if the Suspension of Sentence Application is allowed. They were on bail during the trial and never misused the liberty granted in their favour.

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Learned Public Prosecutor vehemently opposes the prayer made by learned counsel for the accused-appellants.

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The accused-appellants are behind the bars and the hearing of appeal is likely to take further more time, therefore, considering the overall submissions and looking to the totality of facts and circumstances of the case while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the appeal, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellants.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the

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(3 of 3) [SOSA-1141/2022]

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sentences passed by the learned A.D.J Court No.3, Kota, vide judgment dated 29.08.2022 in Sessions Case No.4/2015 (12/2015) against the appellant-applicants namely Shanu Son Of Mohammed Ali, Afroj S/o Mohammed Ali and Saddam S/o Mohammed Ali, shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail provided each of them executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 15.02.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That they will appear before the trial Court in the month of January of every year till the appeal is decided.

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That if the applicants changes the place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court.

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Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court.

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(FARJAND ALI),J

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Ashwani /-73

Shanu Son of Mohammed Ali v. State of Rajasthan

Case brief

What is this about?

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Shanu Son of Mohammed Ali v. State of Rajasthan

Case brief

What is this about?

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