Allowed

Rafiq Mohammed S/O Safi Mohammed, v. State of Rajasthan

Rajasthan HC13 Feb 2024SOSA/83/2024

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed the suspension of sentence application under Section 389 Cr.P.C., holding that the execution of the awarded sentence shall remain suspended during the appeal pending, subject to furnishing a personal bond and two sureties.

What did the court decide?

Execution of sentence suspended during pendency of appeal; personal bond of Rs.50,000 and two sureties of Rs.25,000 each required.

Rafiq Mohammed S/O Safi Mohammed, Vs State of… — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JP:7420]

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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. 83/2024

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S.B. Criminal Appeal No.108/2024

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Rafiq Mohammed S/o Safi Mohammed, Aged About 39 Years, R/o Masjid Mohalla, Nahargarh, District Baran (Raj.) (At Present Confined In District Jail Baran)

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Abid Mansuri S/o Bashir Mohammed, Aged About 34 Years, R/o Masjid Mohalla, Nahargarh, District Baran (Raj.) (At Present Confined In District Jail Baran)

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----Appellants

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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 Appellant(s) : Mr. Shamsuddin Ansari For Respondent(s) : Mr. Suresh Kumar, PP

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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13/02/2024

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Instant application for suspension of sentence has been preferred on behalf of the applicant-appellants under Section 389 of Cr.P.C. alongwith the appeal, to suspend the sentence awarded by the Court of District & Sessions Judge, Baran (Rajasthan) vide its judgment dated 10.01.2024 in Sessions Case No.103/2022, whereby the applicant-appellants were convicted for the alleged offence(s) & sentenced to undergo maximum period of four years simple imprisonment with fine.

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Learned counsel appearing for the applicant-appellants submits that the applicants were on bail during trial and they are behind the bars since 11.01.2024. Counsel further submits that there are contradictions in the statements of the prosecution

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(2 of 2) [SOSA-83/2024]

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[2024:RJ-JP:7420]

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witnesses recorded in the trial. Learned Trial Court has not appreciated the facts & circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellants may be suspended during the pendency of the appeal.

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Learned Public Prosecutor has vehemently opposed the submissions made herein-above.

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Heard learned counsel for the parties and perused the material on record.

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Taking into consideration the term of sentence & the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellants during the pendency of the appeal.

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Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicants, namely Rafiq Mohammed S/o Safi Mohammed & Abid Mansuri S/o Bashir Mohammed, by the learned Trial Court shall remain suspended during pendency of the appeal, provided each of them furnishes a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/each, to the satisfaction of the learned trial Court with the stipulation that they shall appear before this Court on 18.03.2024 and thereafter, as and when they are called upon to do so.

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(VINOD KUMAR BHARWANI),J

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SAHIL SONI /555

Rafiq Mohammed S/O Safi Mohammed, v. State of Rajasthan

Case brief

What is this about?

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Rafiq Mohammed S/O Safi Mohammed, v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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