Rajasthan High Court - Jodhpur
Abrar Kureshi vs State Of Rajasthan on 17 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
....
S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 765/2021
IN
S.B. CRIMINAL APPEAL NO. 1141/2021.
Abrar Kureshi S/o Salim Kureshi, Aged 31 Years, R/o Haat Ki
Chowki, Subhash Nagar, Ratlam Police Station Industrial Area,
Ratlam, Madhya Pradesh, Currently R/o Gandhi Nagar, Kacchi
Basti, Behind of Mahesh Vatika, Chittorgarh, District Chittorgarh
(Raj.)
(Distt. Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Naman Mohnot.
For Respondent(s) : Mr. Shrawan Bishnoi, PP.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
17/12/2021
Heard learned counsel for the petitioner as well as learned
Public Prosecutor on application for suspension of sentence. Perused
the record.
Learned counsel for the accused-petitioner stated that the
accused-petitioner has been convicted for the offences punishable
under Section 366 IPC for a period of 10 years' rigorous
imprisonment with a fine of Rs.50,000/-, under Section 376(2)(N)
IPC for a period of 10 years' rigorous imprisonment with a fine of
Rs.50,000/-, under section 342 IPC for a period of one year's simple
imprisonment with fine of Rs.5,000/-, under Section 384 IPC for a
(2 of 3) [SOSA-765/2021]
period of two years' simple imprisonment with a fine of Rs.10,000/-
by the learned Trial Court; that the accused-petitioner was on bail
during the trial of the case; that hearing of the appeal will take time,
therefore, sentences awarded to the accused-applicant may kindly
be suspended.
Learned Public Prosecutor has opposed the application seeking
suspension of sentences. He does not wish to file reply to the
application.
Upon a consideration of the arguments advanced on behalf of
the petitioner and having regard to the facts and circumstances of
the case, this Court is of the opinion that it is a fit case for
suspending the sentences awarded to the accused-petitioner.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judge, SC/ST (Prevention of
Atrocities) Act, Chittorgarh, vide judgment and order dated
22.10.2021 in Sessions Case No. 13/2019 (243/2014) against the
petitioner-applicant Abrar Kureshi S/o Salim Kureshi, 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 17.01.2022 and whenever ordered to do so till the disposal of
the appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial Court
in the month of January of every year till the appeal is
decided.
(3 of 3) [SOSA-765/2021]
2. 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.
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to the
trial Court.
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 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.
(DEVENDRA KACHHAWAHA),J
49-Mohan/-
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