Allowed

Waseem S/O Shaukat v. State of Rajasthan

Rajasthan HC17 Jul 2023SOSA/731/2023

Case brief

AI extract

What is this about?

In a criminal appeal, a two-judge bench of the Rajasthan High Court allowed a special application for suspension of sentence. The court considered the delay in filing the FIR, the fact that only four of fourteen accused were charge-sheeted, lack of weapon recovery, and that the appellants were on bail during trial as grounds for the order.

What did the court decide?

Sentence to remain suspended upon furnishing a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Waseem S/O Shaukat 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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D.B. Criminal Misc Suspension Of Sentence Application No.731/2023

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D.B. Criminal Appeal No.118/2023

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Waseem S/o Shaukat, Aged About 26 Years, R/o Mohalla Batwalan Purani Tonk, Police Station Purani Tonk Dist. Tonk (At Present Appellants Are Confined In Tonk Jail)

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Mohsin S/o Shaukat Ali, aged about 32 years, R/o Mohalla Batwalan Purani Tonk, Police Station Purani Tonk Dist. Tonk (At Present Appellants Are Confined In Tonk Jail)

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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. Sunil Tyagi, Adv., Mr. Anirudh Tyagi, Adv., Ms. Supriya Dharmawat, Adv., Ms. Naina Bhaskar, Adv.
For Respondent(s)	: Mr. Imran Khan, Dy.G.A., Mr. Praveen Kumar Jain, Adv.

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

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17/07/2023

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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 learned counsel for the applicants that the matter pertains to cross FIR; as many as 14 persons were arrayed as accused in the FIR. However, Police filed charge-sheet only against four persons. It is also contended that as per Investigating Officer, the complainant side were aggressors and the incident

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[SOSA-731/2023]

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(2 of 2)

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took place in front of the house of the accused side. It is further contended that three persons sustained injuries from the accused side, for which charge-sheet has been filed against the complainant side. It is further contended that there is no recovery of any weapon of offence from the applicants. Applicants were on bail during trial.

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Learned counsel for the complainant and learned Deputy Government Advocate have opposed the application for suspension of sentence. It is contended by learned counsel for the complainant that there were eye witnesses who have narrated the incident.

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We have considered the contentions.

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Taking note of the fact that FIR was lodged after a delay of one day; 14 persons were implicated in the FIR, however only four persons have been charge-sheeted, there is no recovery of any weapon of offence from the applicants; they were on bail during trial, 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-applicants in Sessions Case No.41/2021 (01/2021), shall remain suspended if they 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 they 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/27

Waseem S/O Shaukat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Waseem S/O Shaukat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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