Allowed

Aabid @ Raja S/O Abdul Rashid and Guddu v. State of Rajasthan

Rajasthan HC5 Feb 2024SOSA/49/2024

Case brief

AI extract

What is this about?

The High Court allowed the appellant's suspension of sentence application under Section 389 Cr.P.C. The Court held it was a fit case to suspend the award of sentence during the appeal's pendency, directing the appellant's release on bail with sureties and conditions for attendance.

What did the court decide?

The sentence passed against the appellant was suspended pending the appeal; the appellant is released on bail with a personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Aabid @ Raja S/O Abdul Rashid and Guddu Vs State… — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JP:5862]

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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. 49/2024

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S.B. Criminal Appeal No.2033/2023

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Aabid @ Raja S/o Abdul Rashid And Guddu, R/o C 62 Kabristan Colony, Kachchi Basti, Shastri- Nagar, Jaipur (At Present Confined In Central Jail, Jaipur)

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----appellant

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Petitioner(s)	: Mr.	Vinod	Kumar Sharma
For Respondent(s)	: Mr.	Imran	Khan, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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05/02/2024

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The appellant-accused Aabid @ Raja S/o Abdul Rashid & Guddu herein has been convicted and sentenced vide judgment dated 19.07.2023 passed by learned Additional Session Judge No.3, Jaipur, District Jaipur in Session Case No.44/2019 (04/2018) as under:-

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Offence Under	Imprisonment	Fine	Sentence in default i
Section			of fine
307/34 of IPC	10 Years’ R.I.	Rs.25,000/	01 Month S.I.
		-
323 of IPC	06 Months’ S.I.	Rs.1,000/-	07 Days’ S.I.

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Learned counsel for the appellant-accused submits that application of co-accused Emran for suspending the sentence has already been allowed vide order dated 11.09.2023. He submits that case of the appellant-accused is identical to the case of the other co-accused Emran whose sentence has already been suspended. He further argues that the main accusation for causing dangerous injuries is on Rijwan and accused has been convicted under Section 307 of the IPC. He further argues that present appellant-accused is convicted under Section 307 read with Section 34 of IPC. The injuries caused to Pushpa is attributed to the present appellant-accused which after medical examination was found to be simple in nature. He argues that appellantaccused was on bail during trial and has never breached the conditions of the bail. The decision of the appeal may take considerable time. Therefore, the application for suspending the sentence of the present appellant-accused may be allowed.

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Learned Public Prosecutor vehemently opposes the application for suspending the sentence of the appellant-accused. Heard and perused the record.

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Vide order dated 11.09.2023, the application for suspending the sentence under Section 307/34 and 323/34 of IPC of coaccused Emran was allowed. The judgment specifically shows that co-accused Rijwan has been convicted under Section 307 of the IPC for causing specific injury to injured Nand Kishore. Considering the arguments advanced on behalf of the appellant-accused 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

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suspending the sentences awarded to the appellant-accused during pendency of the instant appeal.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. of the present appellant-accused is allowed and it is ordered that the sentence passed by the learned Additional Session Judge No.3, Jaipur, District Jaipur vide judgment dated 19.07.2023 in Session Case No.44/2019 (04/2018) against the appellant-applicant Aabid @ Raja S/o Abdul Rashid & Guddu , 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.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 07.03.2024 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 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

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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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150-Rahul Joshi

Aabid @ Raja S/O Abdul Rashid and Guddu v. State of Rajasthan

Case brief

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Aabid @ Raja S/O Abdul Rashid and Guddu v. State of Rajasthan

Case brief

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