Allowed

Mohammad Raees @ Raees Khan S/O Nuruddin, v. State of Rajasthan

Rajasthan HC1 Feb 2024SOSA/40/2024

Case brief

AI extract

What is this about?

This order granted an application for suspension of sentence under Section 389 Cr.P.C. pending appeal against conviction and sentence passed for offences under IPC sections 452, 323, and 354D. The appellant is released on bail subject to conditions.

What did the court decide?

Application for suspension of sentence under Section 389 Cr.P.C. allowed; sentences suspended till final disposal of appeal; released on bail with personal bond.

Mohammad Raees @ Raees Khan S/O Nuruddin, Vs… — Criminal Trial and Appeal | Rajasthan HC (2024)

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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 (Appeal) No. 40/2024

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Mohammad Raees @ Raees Khan S/o Nuruddin, R/o Mahaveer Colony, Bundi District Bundi (Raj.)

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----Petitioner

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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. Junaid Khan For Respondent(s) : Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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01/02/2024

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The appellant-applicant herein has been convicted and sentenced vide judgment dated 04.01.2024 passed by learned Special Court, POCSO Act, 2012 and Child Ringh Commission Act, 2005, No.1, Bundi in Session Case No.118/2022, CNR NO.RJBD160003602022 as under:-

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Offence Under	Imprisonment	Fine	Sentence in
Section			default of fine
452 of IPC	3years’ SI	Rs.10,000/-	3 months’ SI
323 of IPC	1year’s SI	Rs.1000/-	1 month’s SI
354D of IPC	3years’ SI	Rs.10,000/-	3 months’ SI

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Heard learned counsel for the applicant-appellant and learned Public Prosecutor on the application for suspension of sentences.

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[SOSA-40/2024]

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(2 of 3)

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Upon a consideration of the arguments advanced on behalf

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of the appellant-applicant and having regard to the facts and circumstances as available on the record, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellant-applicant during pendency of the instant appeal.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Court, POCSO Act, 2012 and Child Ringh Commission Act, 2005, No.1, Bundi, vide judgment dated 04.01.2024 in Session Case No.118/2022, CNR NO.RJBD160003602022 against the appellant-applicant Mohammad Raees @ Raees Khan S/o Nuruddin , shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 05.03.2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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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.

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Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered

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[SOSA-40/2024]

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(3 of 3)

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as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(PRAVEER BHATNAGAR),J

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33- Mohit

Mohammad Raees @ Raees Khan S/O Nuruddin, v. State of Rajasthan

Case brief

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Mohammad Raees @ Raees Khan S/O Nuruddin, v. State of Rajasthan

Case brief

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