Ishrat Mohammed S/O Late Irshad Mohammmed Vs the State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

Ishrat Mohammed S/O Late Irshad Mohammmed Vs the State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of the appellant's sentence during the pendency of the appeal, conditional on furnishing a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned Trial Court, with appearance before this Court on 17.04.2026 and thereafter as and when called upon.

Issue for consideration

Whether the sentence awarded to the applicant-appellant should be suspended during the pendency of his appeal, on an application under Section 430 of BNSS filed alongwith the appeal.

Court's answer

Without commenting upon the merits of the case, the Court deemed it just and proper to suspend the sentence awarded to the applicant-appellant during the pendency of the appeal.

Ratio / Principle

Execution of the sentence awarded to accused-applicant Ishrat Mohammed by the Trial Court was ordered to remain suspended during pendency of the appeal, provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the Trial Court, and appears before this Court on 17.04.2026 and thereafter as called upon.

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), Vinod Kumar Bharwani, J. — Order dated 17.03.2026 on S.B. Criminal Misc. Suspension of Sentence Application No.503/2026 (under Section 430 of BNSS) filed alongwith S.B. Criminal Appeal (Sb) No. 568/2026 by Ishrat Mohammed, who had been convicted on 17.02.2026 by the Court of the learned Additional Sessions Judge (Woman Atrocities Cases), Ajmer in Sessions Case No.80/2018 and sentenced to undergo a maximum period of two years simple imprisonment with fine. The application was allowed: without commenting upon the merits of the case, execution of the sentence was ordered to remain suspended during the pendency of the appeal, subject to the appellant furnishing a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each to the satisfaction of the learned Trial Court, and appearing before the Court on 17.04.2026 and thereafter as and when called upon. Counsel noted that the appellant was on bail during trial and that the Trial Court had already suspended his sentence for thirty (30) days.

[2026:RJ-JP:11357]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc. Suspension of Sentence Application No.503/2026

In S.B. Criminal Appeal (Sb) No. 568/2026

Ishrat Mohammed S/o Late Irshad Mohammmed, Aged About 45 Years, R/o Patwari Manzil, Toswi Chowk, Near Dhai Din Ka Jhopda, Police Station Dargah, Ajmer (Rajasthan).

----Appellant

Versus

The State Of Rajasthan, Through P.P.

----Respondent

For Appellant(s) : Mr. Harshad Kapoor For Respondent(s) : Mr. Shree Ram Dhakar, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

17/03/2026

Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 430 of BNSS alongwith the appeal, to suspend the sentence awarded by the Court of learned Additional Sessions Judge, (Woman Atrocities Cases), Ajmer (Raj.) vide its judgment dated 17.02.2026 in Sessions Case No.80/2018, whereby the applicantappellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of two years simple imprisonment with fine.

Learned counsel appearing for the applicant-appellant submits that the appellant was on bail during trial and learned Trial Court has already suspended the sentence of the appellant for a period of thirty (30) days. Counsel further submits that the

(2 of 2) [SOSA-503/2026]

[2026:RJ-JP:11357]

learned Trial Court has not appreciated the facts and circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellant may be suspended during the pendency of the appeal.

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

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

Looking to the overall facts & circumstances of the case and 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-appellant during the pendency of the appeal.

Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Ishrat Mohammed S/o Late Irshad Mohammmed, by the learned Trial Court shall remain suspended during pendency of the appeal, provided he 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 he shall appear before this Court on 17.04.2026 and thereafter, as and when he is called upon to do so.

(VINOD KUMAR BHARWANI),J

SAURABH /38