Allowed

Rasheed Son of Rehmat, v. State of Rajasthan

Rajasthan HC17 Jan 2025SOSA/121/2025

Case brief

AI extract

What is this about?

Appellant sought suspension of his three-year sentence during pendency of his criminal appeal, noting he was on bail throughout trial without misuse. The court found it a fit case and allowed suspension subject to personal bond of Rs.1,00,000 with two sureties of Rs.50,000 each and conditions of periodic appearance.

What did the court decide?

Sentence suspended pending appeal; personal bond Rs.1,00,000 with two sureties Rs.50,000 each.

Rasheed Son of Rehmat, Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

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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

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No.121/2025

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S.B. Criminal Appeal No. 152/2025

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Rasheed Son Of Rehmat, Aged About 54 Years, Resident Of Nagla Aram Singh, Police Station Pahari, District Bharatpur, Rajasthan.

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----Appellant

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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Yunus S/o Rehmat, Resident Of Nagla Aram Singh, Police Station Pahari, District Bharatpur, Rajasthan.

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----Respondents

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For Appellant(s) : Mr. Vedant Sharma For Respondent(s) : Mr. Devi Singh, PP

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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17/01/2025

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The accused-applicant/appellant has preferred this present application for suspension of sentence under Section 430 of the B.N.S.S., 2023.

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Learned counsel for the accused-applicant/appellant submits that the maximum sentence awarded to the accusedapplicant/appellant is three years. Counsel further submits that the accused-applicant/appellant was on bail during trial and the sentence awarded to him, has already been suspended by the learned trial Court under the Provisions of Section 430 of the B.N.S.S. and he never misused the liberty granted to him,

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(2 of 3) [SOSA-121/2025]

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therefore, the present application for suspension of sentence may kindly be allowed.

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Learned Public Prosecutor has opposed the submissions made on behalf of the accused-applicant/appellant.

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Heard.

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Considered the submissions made at bar and also perused the impugned judgement/order of conviction and sentence passed by the learned trial Court.

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As per the certificate filed under Section 311(3) of the Rajasthan High Court Rules, the accused-appellant is on regular bail during course of trial.

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Taking into consideration the totality of the facts and circumstances of the case and also the findings given by the learned trial Court, this Court deems it a fit case to suspend the sentence awarded to the accused-applicant/appellant.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to the accused-appellant, namely, Rasheed S/o Rehmat in Sessions Case No.17/2015(42/13)(08/08)(102/06) shall remain suspended provided he furnishes a personal bond in the sum of Rs.1,00,000/(Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court to the effect that he shall appear before the Registrar Judicial on 17.02.2025 and further on subsequent date(s) as and when called upon to do so till the disposal of the appeal on the conditions as follows:-

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(3 of 3)

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[SOSA-121/2025]

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i) After release of the accused appellant, he shall 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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ii) He will appear before the trial Court in the month of December of every year till the appeal is decided.

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iii) If the appellant change the place of residence, he will give in writing his changed address to the trial Court as well as the counsel in the High Court.

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

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A copy of this order be sent to learned trial Court through e-

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mail.

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ARTI SHARMA/35

Rasheed Son of Rehmat, v. State of Rajasthan

Case brief

What is this about?

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Rasheed Son of Rehmat, v. State of Rajasthan

Case brief

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