Sattar Mohammad S/O Nizamudin vs State Of Rajasthan
2021 Latest Caselaw 6349 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Criminal Misc. Application for

              Suspension of Sentence No.275/2021

                                       IN

          S.B. Criminal Revision Petition No. 1060/2021

1.     Sattar Mohammad S/o Nizamudin,
2.     Karamat Ali S/o Nizamudin,
       Both Resident Of Kalayanpuri P.S. Roopangarh, currently
       Ward No.7, Gandhi Nagar, Chand Nagar Madanganj,
       Kishangarh, District Ajmer.
                                                       ----Petitioners/Accused
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                              ----Respondent/Complainant

For Petitioner(s) : Ms. Deeksha Jhalani, for Mr. Akshat Chaudhary For Respondent(s) : Mr. Imran Khan, P.P.

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

10/11/2021

This suspension of sentence application has been filed by the

applicants seeking suspension of their sentence.

Learned counsel for the applicants has contended that the

applicants were convicted by the Trial Court vide its judgment

dated 21.10.2016 for the offence under Section(s) 420 read with

Section 120B IPC and sentenced them to undergo 2 years' SI with

a fine of Rs. 1,000/- for offence under Section 420 IPC; in default

of payment of fine, 1 month simple imprisonment and to further

undergo six months' simple imprisonment for offence under

(2 of 2) [SOS-275/2021]

Section 120B IPC. They filed an appeal, but the appellate Court

vide its judgment dated 21.9.2021 dismissed the appeal and

affirmed the judgment passed by the Trial Court.

Learned counsel further submits that accused appellants

were on bail during trial and they are behind the bars since long.

In support of his contentions, he has annexed certificate under

Sub-Rule (3) of Rule 311 of Rules of High Court of Judicature for

Rajasthan, 1952. In this view of the matter, he has prayed that

this application for suspension of sentence of the applicants may

be allowed and sentence of the applicants may be suspended

during the pendency of the petition.

Learned Public Prosecutor has opposed same.

Having heard the learned counsel appearing for the

respective parties and carefully scanned the entire material

available on record, this suspension of sentence application filed

by the applicants is allowed and it is ordered that execution of

sentence awarded to accused applicants 1. Sattar Mohammad

S/o Nizamudin & 2. Karamat Ali S/o Nizamudin by the trial

Court and affirmed by the Appellate Court shall remain suspended

during the pendency of the petition, provided each of them

furnishes a personal bond of Rs. 1,00,000/- (Rs. One Lakh) with

two sureties of Rs.50,000/- (Rupees Fifty Thousand) each before

the concerned Trial Court to the satisfaction of the learned trial

court with the stipulation that they shall appear before this Court

on 13th December, 2021 and thereafter as and when called upon to

do so.

(UMA SHANKER VYAS),J

DANISH USMANI /09

Powered by TCPDF (www.tcpdf.org)