Allowed

Abdul Kadir Son of Abdul Rehman v. State of Rajasthan

Rajasthan HC6 Oct 2025SOSR/334/2025

Case brief

AI extract

What is this about?

Applicant convicted under Sections 326 and 324 IPC and sentenced to three years imprisonment sought suspension of sentence pending his revision petition. Noting he was on bail throughout trial and revision disposal would take time, the High Court suspended the sentence and released him on bail with conditions.

What did the court decide?

Sentence suspended till disposal of revision; release on personal bond of Rs.1,00,000 with two sureties of Rs.50,000 each, with appearance and fine-deposit conditions.

Abdul Kadir Son of Abdul Rehman 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. SOS Application No.334/2025

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S.B. Criminal Revision Petition No.1438/2025

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Abdul Kadir Son Of Abdul Rehman, Aged About 20 Years, R/o Kot Mohalla Kethun At Present Resident Of Darbar Ka Bag Kethun District Kota Rajasthan. (At Present Confined In Central Jail Kota)

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----Applicant-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. Avtar Singh Rathore
For Respondent(s)	: Mr. Amit Kumar Gupta, Dy.GA/PP Mr. Gaurav Sharma and
	Mr. Jitendra Choudhary for
	Mr. Rajesh Kumar Sharma

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JUSTICE ANOOP KUMAR DHAND

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Order

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06/10/2025

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This criminal misc suspension of sentence application has been filed by the applicant along with the criminal revision petition.

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Counsel for the applicant submits that though an FIR was registered against the petitioner under Section 307 IPC, but charges were framed under Section 326, 324, 323 IPC & 4/25 of the Arms Act and the petitioner has been convicted for the above offences. Counsel submits that the petitioner was on bail during course of trial and now, the petitioner has been convicted for the above offences and is sentenced to

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[CRLR-1438/2025]

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(2 of 3)

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undergo three years imprisonment. Counsel submits that the disposal of the revision petition is bound to take time, therefore, sentence awarded by the Trial Court and upheld by the Appellate Court be suspended till final disposal of the revision petition.

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Per contra, learned Public Prosecutor as well as counsel for the complainant opposed the prayer and submitted that after occurrence of the instant incident in the present matter, the petitioner has committed two more offences for which two different FIRs have been registered against him, so the sentence awarded to the petitioner be not suspended.

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Heard and considered the submissions made at the Bar and perused the material available on the record. 5. Considering the arguments put forward by learned counsel for the petitioner and looking to the fact that the petitioner was on bail during course of trial and now he has been convicted for the offences punishable under Sections 326 & 324 IPC and he has been sentenced to undergo three years imprisonment and also considering the fact that the disposal of the revision petition is bound to take time, hence, this Court deems it just and proper to suspend the sentence of the petitioner till disposal of the revision petition.

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Accordingly, the instant suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the applicant – Abdul Kadir S/o Abdul Rehman shall remain suspended during pendency of the criminal revision and he be released on bail provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lakh

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[CRLR-1438/2025]

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(3 of 3)

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only) together with two sureties of Rs.50,000/- (Rupees Fifty Thousand only) each, to the satisfaction of the learned Trial Court with the stipulation that he shall appear before this Court on 07.11.2025 and whenever ordered to do so, till the disposal of the revision petition on the conditions indicated

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below:-

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That he shall appear before the trial Court in the month of January of every year till the revision petition is decided.

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That if the applicant changes the place of residence and mobile number, he will give in writing his changed address and mobile number 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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Applicant-petitioner shall deposit fine amount as imposed by the learned trial Court.

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In case the applicant-petitioner is found involved in committing and repeating the same offence again, the State/complainant would be at liberty to move application for cancellation of bail.

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The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellant was 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 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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(ANOOP KUMAR DHAND),J

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KuD/56

Abdul Kadir Son of Abdul Rehman v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Abdul Kadir Son of Abdul Rehman v. State of Rajasthan

Case brief

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What did the court decide?

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