Allowed

Hanif Qureshi S/O Chuttan Qureshi v. State of Rajasthan

Rajasthan HC21 Dec 2023SOSA/1966/2023

Case brief

AI extract

What is this about?

In S.B. Criminal Misc. Suspension of Sentence Application No. 1966/2023, the appellant sought suspension of sentence pending appeal. The High Court allowed the application, suspending execution of sentence subject to furnishing a bond with sureties and appearing as directed.

What did the court decide?

Suspended execution of sentence pending appeal on furnishing a bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each and directed appearance on 22.01.2024.

Hanif Qureshi S/O Chuttan Qureshi Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

¶1

[2023:RJ-JP:41051]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1966/2023

¶4

in S.B. Criminal Appeal No.3582/2023

¶5

Hanif Qureshi S/o Chuttan Qureshi, Aged About 29 Years, R/o House No. 262, Vyas Colony, Pancheshwar Mahadev Mandir Ke Pass, Police Station Shastri Nagar, Jaipur (At Present In Central Jail, Jaipur)

¶6

----Appellant

¶7

Versus

¶8

State Of Rajasthan, Through PP

¶9

----Respondent

¶10

For Petitioner(s) : Mr. Javed Mohd. Khan For Respondent(s) : Mr. Imran Khan, PP

¶11

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

¶12

Order

¶13

21/12/2023

¶14

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 06.12.2023 in Sessions Case No. (N.D.P.S. Case) 61/2021, whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of one year rigorous imprisonment with fine.

¶15

Learned counsel appearing for the applicant-appellant submits that the applicant was on bail during trial and he is behind the bars since 06.12.2023. Counsel further submits that the learned Trial Court has not appreciated the facts and

[2023:RJ-JP:41051]

[SOSA-1966/2023]

(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.

¶20

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

¶21

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

¶22

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.

¶23

Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Hanif Qureshi S/o Chuttan Qureshi, 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.

¶24

(VINOD KUMAR BHARWANI),J

¶25

SAHIL SONI /25

Hanif Qureshi S/O Chuttan Qureshi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Hanif Qureshi S/O Chuttan Qureshi 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

Farman Ahmad @ Gabbar S/O Erfan Ahmad 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