Partly allowed

Firoz Ahmed S/O Ayyaj Ahmed v. State of Rajasthan

Rajasthan HC19 Mar 2024SOSA/179/2024

Case brief

AI extract

What is this about?

Single judge allowed suspension of sentence for appellant Firoz Ahmed on medical grounds (multiple myeloma and fracture) pending appeal, subject to personal bond and sureties. Application for another appellant was dismissed as withdrawn.

What did the court decide?

Sentence of Firoz Ahmed suspended till disposal of appeal; personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each on agreement.

Firoz Ahmed S/O Ayyaj Ahmed Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:14124]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc 2^nd Suspension Of Sentence Application (Appeal) No. 179/2024

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S.B. Criminal Appeal No. 2330/2023

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Firoz Ahmed S/o Ayyaj Ahmed, R/o Badi Udei Tehsil Gangapur City District Sawai Madhopur Rajasthan Khatoli Appellant No. 1 Is On Interem Bail

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Ram Singh @ Lal Singh S/o Fool Singh, R/o Mankatiya Faliya Mohalla Villege Aavalda Post Aavalda P.s Gadwani District Dhar M.p. Apellant No. 2 Is At Present Confined At Central Jail Jaipur

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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 For Petitioner(s) : Mr. Abdul Rahim Khan For Respondent(s) : Mr. S.S. Mahla, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order

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19/03/2024

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Instant second application for suspension of sentence is preferred on behalf of appellants Firoz Ahmed S/o Ayyaj Ahmed and Ram Singh @ Lal Singh S/o Fool Singh. First application for suspension of sentence of Ram Singh @ Lal Singh was dismissed as withdrawn on 20.10.2023 but interim application of the appellant Firzoz Ahmed for suspension of sentence was allowed and since then, he is on interim bail.

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During the course of argument, learned counsel for appellant offered to withdraw application of appellant Ram Singh @ Lal

[2024:RJ-JP:14124]

[SOSA-179/2024]

(2 of 4)

Singh for suspension of sentence and therefore this court is considering the application for suspension of sentence of appellant Firoz Ahmed only on medical grounds.

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Learned counsel for appellant submitted that in the instant case, SOG has framed the appellant and trial court has not considered the defence of appellant wherein no direct evidence of illegal sale and purchase of arms and ammunition was produced by the prosecution. He further submitted that appellant is suffering from multiple myeloma with L4 Vertebra Fracture, and presently he is bed ridden and very difficult for him to move from one place to another. He further referred to the medical documents submitted by him.

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Aforesaid contentions were opposed by learned Public Prosecutor. The documents relating to treatment were also summoned through learned Public Prosecutor and he justified the fact that appellant Firoz Ahmed is undergoing treatment. 5. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 6. Having considered the grounds as raised by the appellant, at present we are not dealing with the matter on merits of the case as the instant appeal is preferred aggrieved from the order of conviction and sentence dated 04.08.2023 wherein appellant Firoz Ahmed was convicted for offence under Sections 3/25 and 7/25 of Amrs Act and sentenced to undergo rigorous imprisonment of 2 years and 7 years respectively. Though learned counsel for appellant has raised several grounds to challenge the order of the trial court but the same can only be considered at the time of final adjudication of the matter.

[2024:RJ-JP:14124]

[SOSA-179/2024]

(3 of 4)

At this stage, looking to the fact that while considering the first application for suspension of sentence on 20.10.2023, the court has observed that appellant Firoz Ahmed was diagnosed with Multiple Myeloma with L4 Vertebra Fracture. Further the treatment papers are placed on record and therefore it is appropriate to allow the application for suspension of sentence of appellant Firoz Ahmed.

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Therefore, without expressing any opinion on merits, I am of the considered view that it is a fit case wherein appellant can be enlarged on bail. The application under Section 389(1) Cr.P.C. is allowed and sentence of appellant accused- Firoz Ahmed s/o Ayyaj Ahmed is suspended till disposal of appeal with the condition that he would execute a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 05.08.2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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After release of appellant on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled.

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That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

[2024:RJ-JP:14124]

[SOSA-179/2024]

(4 of 4)

Similarly, if the sureties change their

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address(s),they will give in writing their changed

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address to the trial Court.

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Application for suspension of sentence of appellant Ram

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Singh @ Lal Singh is dismissed as withdrawn.

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Misc. application stands disposed of.

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List for hearing in month of July, 2024 before regular or appropriate Bench.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /06

Firoz Ahmed S/O Ayyaj Ahmed v. State of Rajasthan

Case brief

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Firoz Ahmed S/O Ayyaj Ahmed v. State of Rajasthan

Case brief

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