Allowed

Aadil Husain Urf Aadil Khan S/O Shri Jakir Husain v. State of Rajasthan

Rajasthan HC21 Aug 2023SOSA/1149/2023

Case brief

AI extract

What is this about?

The double bench allowed an application for suspension of sentence pending final disposal. The court noted the hostile turn of the complainant (brother of deceased) and that the applicant was on bail during trial, permitting suspension upon furnishing a bond.

What did the court decide?

The sentence awarded in Sessions Case No.16/2019 is suspended if the applicant furnishes a bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Aadil Husain Urf Aadil Khan S/O Shri Jakir… — Criminal Trial and Appeal | Rajasthan HC (2023)

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[2023:RJ-JP:20088-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc Suspension Of Sentence Application No.1149/2023

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D.B. Criminal Appeal No.95/2023

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Aadil Husain Urf Aadil Khan S/o Shri Jakir Husain, Aged About 24 Years, Resident Of Bhati Darwaja Gangadhar, Police Station Gangadhar, District Jhalawar (Raj) (At Present Accused Confined In Central Jail Jhalawar)

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----Applicant

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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 Applicant(s) : Mr. Shyam Bihari Gautam, Adv. For Respondent(s) : Mr. N.S. Gurjar, AGA

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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31/08/2023

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Accused-applicant has preferred this application for suspension of sentence.

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Heard on application for suspension of sentence.

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It is contended by counsel for the applicant that brother of the deceased has turned hostile in five cases. It is also contended that the applicant was on bail during trial; the time of the incident does not match with the time mentioned in the Post Mortem report.

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Learned Assistant Government Advocate has opposed the suspension of sentence application.

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(2 of 2)

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[2023:RJ-JP:20088-DB]

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[SOSA-1149/2023]

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We have considered the contentions.

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Taking note of the fact that the complainant who is brother of the deceased has turned hostile; applicant was on bail during trial and without commenting on the merits of the case, we deem it proper to allow the application for suspension of sentence.

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Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused-applicant in Sessions Case No.16/2019, shall remain suspended if the accused-applicant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Court to the effect that he shall appear before this Court as and when called upon to do so.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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Keshav/16

Aadil Husain Urf Aadil Khan S/O Shri Jakir Husain v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Aadil Husain Urf Aadil Khan S/O Shri Jakir Husain v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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