Citation : 2021 Latest Caselaw 6399 Raj/2
Judgement Date : 11 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 1803/2021
Saddam Husain S/o Ehsan Husain, R/o Near Machish Factory
Complex Dadwada Kota
----Appellant
Versus
State Of Rajasthan, Through P.P
----Respondent
For Appellant(s) : Mr. Abdul Rahim Khan For Respondent(s) : Mr. Bhawani Shankar Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
11/11/2021
Heard.
Appeal is admitted.
Record of the case be summoned.
List after four weeks.
S.B. Criminal Misc. (SOS) Application No.1111/2021
Heard on application for suspension of sentence.
The appellant has filed the appeal along with
application for suspension of sentence.
The appeal has been preferred against the judgment of
conviction and sentence dated 27.10.2021 passed by the Court of
Additional District Judge, Women Atrocities Cases No.2, Kota, in
Session Case No.45/2017, by which the appellant has been
convicted under Sections 341, 323, 504, 325 and 307 of IPC and
sentenced to maximum term of three years.
(2 of 2) [CRLAS-1803/2021]
It has been submitted by learned counsel for the
appellant that the appellant has been sentenced to maximum term
of three years of imprisonment for offence under Section 307 of
IPC. As per certificate under Rule 311(3) of the Rajasthan High
Court Rules, the appellant was on bail during trial. Now, his
sentence has been suspended for a period of one month by the
learned trial court.
Heard learned counsel for the parties.
Learned Public Prosecutor has opposed the application
for suspension of sentence.
Taking into consideration the submissions of learned
counsel for the appellant and overall facts and circumstances of
the case but without commenting upon detailed merits of the
case, this Court deems just and proper to allow the application for
suspension of sentence.
Accordingly, the application for suspension of sentence
is allowed and it is ordered that the sentence awarded to accused-
appellant Saddam Husain S/o Ehsan Husain shall remain
suspended till disposal of this criminal appeal and he shall be
released on bail, provided the appellant furnishes a personal bond
of Rs.50,000/- (Fifty Thousand) and two sureties of Rs.25,000/-
(Twenty Five Thousand) each to the satisfaction of the learned
trial court for his appearance in this Court on 13 th December, 2021
and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Sunita/27
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