Allowed

Farman Ahmad @ Gabbar S/O Erfan Ahmad v. State of Rajasthan

Rajasthan HC21 Dec 2023SOSA/1929/2023

Case brief

AI extract

What is this about?

In an S.B. Criminal Misc suspension of sentence application, the High Court of Rajasthan suspended the sentence awarded to the petitioner convicted in a Sessions Case, requiring execution of the sentence to remain pending during the appeal.

What did the court decide?

Sentence awarded to the petitioner suspended pending appeal upon furnishing a personal bond of Rs.50,000 and two sureties.

Farman Ahmad @ Gabbar S/O Erfan Ahmad Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

¶1

[2023:RJ-JP:41049]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1929/2023

¶4

in S.B. Criminal Appeal No.3531/2023

¶5

Farman Ahmad @ Gabbar S/o Erfan Ahmad, Aged About 46 Years, R/o House No. 3274, Mathurawalon Ki Haweli Ghatgate Bazar, Nawab Ka Chouraha Police Station Ramganj Jaipur (At Present Confined In Central Jail Jaipur)

¶6

----Petitioner

¶7

Versus

¶8

State Of Rajasthan, Through Public Prosecutor

¶9

Surendra Yadav Police Inspector, Police Station Manak Chouk, Jaipur Metropolitan

¶10

----Respondents

¶11

For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Mr. Imran Khan, PP

¶12

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

¶13

Order

¶14

21/12/2023

¶15

Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 389 of Cr.P.C. alongwith the appeal, to suspend the sentence awarded by the Court of Special Judge, N.D.P.S. Cases, Jaipur MetropolitanI, Jaipur vide its judgment dated 02.12.2023, in Sessions Case No.51/2021, whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of two years rigorous imprisonment with fine.

¶16

Learned counsel appearing for the applicant-appellant submits that the applicant was on bail during trial and he is behind the bars since 02.12.2023. Counsel further submits that the learned Trial Court has not appreciated the facts and

[2023:RJ-JP:41049]

[SOSA-1929/2023]

(2 of 2)

circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellant may be suspended during the pendency of the appeal.

¶21

Learned Public Prosecutor has vehemently opposed the submissions made herein-above.

¶22

Heard learned counsel for the parties and perused the material on record.

¶23

Taking into consideration the term of sentence & the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellant during the pendency of the appeal.

¶24

Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Farman Ahmad @ Gabbar S/o Erfan Ahmad, by the learned Trial Court shall remain suspended during pendency of the appeal, provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial Court with the stipulation that he shall appear before this Court on 22.01.2024 and thereafter, as and when he is called upon to do so.

¶25

(VINOD KUMAR BHARWANI),J

¶26

SAHIL SONI /22

Farman Ahmad @ Gabbar S/O Erfan Ahmad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Farman Ahmad @ Gabbar S/O Erfan Ahmad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Abhishek S/O Puran Lal B/C Jatav Vs State of Rajasthan through Pp

Kamal Chand Bothra Vs State of Rajasthan through P P

Raju @ Rajendra S/O Shri Hanuman Prasad Vs State of Rajasthan

Rajanikant @ Rinku S/O Satpal Vs State of Rajasthan

Ramesh Kumar Jain Son of Shri Amritlal Jain Vs State of Rajasthan

Hanif Qureshi S/O Chuttan Qureshi Vs State of Rajasthan