Allowed

Mohammad Umar S/O Hazilal v. State of Rajasthan

Rajasthan HC19 Jan 2023SOSR/18/2023

Case brief

AI extract

What is this about?

This order deals with the grant of suspension of sentence to two accused-applicants. The court, without commenting on the merits, suspended the sentence awarded by the trial and appellate courts. The applicants were directed to be released on bail upon furnishing a personal bond and providing two sureties.

What did the court decide?

The sentence awarded against Mohammad Umar and Ms. Sahib Goli Buiscuit was suspended; they were released on bail subject to furnishing a bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Mohammad Umar S/O Hazilal 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.18/2023

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S.B. Criminal Revision Petition No. 83/2023

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Mohammad Umar S/o Hazilal, R/o Ward No. 8, Mangrol, District Baran (Raj) (Presently Confined In District Jail Baran)

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Ms. Sahib Goli Buiscuit, Ward No. 8, Mangrol District Baran (Raj) Through Mohammad Umar (Presently Confined In District Jail Baran)

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----Petitioners

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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 Petitioner(s) : Mr. Amitabh Vijaywargia, Adv., with Mr. Anshuman Jain, Adv. For : Mr. C.G. Chopra, P.P. Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS Order

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19/01/2023

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Heard learned counsel for the parties on the application filed for suspension of sentence and perused the entire material available on record.

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Learned counsel for the accused-applicants submits that there is no reliable and legally acceptable evidence to hold accused-applicants guilty for the alleged offence(s) and there is every

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(2 of 3) [SOSR-18/2023 in CRLR-83/2023]

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likelihood of succeeding in the criminal revision petition. Learned counsel for accused-applicants submits that accused-applicants were on bail during trial as well as during pendency of appeal and presently they are behind bars. Learned counsel further submits that final hearing of the petition is likely to take time thus sentence of the accusedapplicants may be suspended.

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Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence.

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I have considered the submissions made by learned counsel for the parties.

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Without commenting upon the merits of the case, I deem it just and proper to suspend the sentence awarded to the applicants.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court and affirmed by the learned appellate Court against the accused-applicants namely, 1.Mohammad Umar S/o Hazilal & 2.Ms. Sahib Goli Buiscuit in Regular Case No.281/2013 (C.I.S. No.2530/2014) shall remain suspended during pendency of petition and they shall be released on bail, provided each of them furnishes a personal bond in the sum of

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(3 of 3) [SOSR-18/2023 in CRLR-83/2023]

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Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation that they shall appear before this court on 20^th February, 2023 and thereafter as and when called upon to do so.

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(UMA SHANKER VYAS),J

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DANISH USMANI /65

Mohammad Umar S/O Hazilal v. State of Rajasthan

Case brief

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Mohammad Umar S/O Hazilal v. State of Rajasthan

Case brief

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