Sajid S/O Sartaj vs State Of Rajasthan
2021 Latest Caselaw 6427 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

S. B. Criminal Misc. Suspension of Sentence App. No. 1059/2021

                                       IN

              S.B. Criminal Appeal No. 1717/2021

1.     Sajid S/o Sartaj,
2.     Sufiyan S/o Sartaj Khan,
3.     Sarfuddin S/o Chote Khan,
       All Resident Of Village Dubbi Khurd, Police Station
       Mantown, District Sawaimadhopur (Rajasthan)
       (At Present Confined In District Jail Sawaimadhopur)
                                                                 ----Appellants
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent

Connected With S.B. Criminal Appeal (Sb) No. 1254/2021 Anwar Khan Son Of Salim Khan

----Appellant Versus State Of Rajasthan, Through P.P

----Respondent S.B. Criminal Appeal (Sb) No. 1255/2021 Sagir S/o Bashir,

----Appellant Versus State Of Rajasthan, Through P.P

----Respondent S.B. Criminal Appeal (Sb) No. 1315/2021 Sartaj Khan S/o Sameer Khan,

----Appellant Versus State Of Rajasthan, Through P.P

----Respondent

(2 of 3) [SOSA-1059/2021]

For Appellant(s) : Mr. Tarun Jain Mr. Anshul Sharma for Mr. Narendra Prasad Meena For Respondent(s) : Mr. Bhawani Shankar Sharma, PP Mr. Abdul Rahim Khan for complainant

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

12/11/2021

1. Heard on application for suspension of sentence.

2. The appellants have filed the appeal along with

application for suspension of sentence.

3. The appeal has been preferred against the judgment

dated 12.08.2021 passed by court of Special Judge SC/ST

(Prevention of Atrocities) Cases, Sawaimadhopur (trial court) in

Session Case No. 38/2010 (25/2010) by which the appellants

have been convicted for offence/s under Sections 147, 148, 323,

336, 324/149, 326/149, 307/149 of IPC and sentenced to

maximum term of seven years imprisonment.

4. It has been submitted by learned counsel for the

appellants that appellants have been sentenced to maximum term

of seven years imprisonment. Certificate under Rule 311(3) of

Rajasthan High Court Rules, 1952, has been annexed with the file.

Appellants were on bail during trial and now, they are in judicial

custody since 12.08.2021. It has been further submitted that

similarly situated co-appellants Sartaj Khan, Anwar Khan and

Sagir have been released on bail vide order dated 21.10.2021.

Appellants case is on same footing. Hearing of appeal may take

considerable time.

(3 of 3) [SOSA-1059/2021]

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the parties and scanned the

evidence available on record.

7. Taking into consideration the submissions of learned

counsel for the parties, evidence available on record and overall

facts and circumstances of the case but without commenting upon

merits of the case, this Court deems just and proper to allow the

application for suspension of sentence.

8. Accordingly, the application for suspension of sentence

is allowed and it is ordered that the sentence awarded to accused-

appellants 1. Sajid S/o Sartaj, 2. Sufiyan S/o Sartaj Khan, and

3. Sarfuddin S/o Chote Khan, shall remain suspended till disposal

of this criminal appeal and they shall be released on bail provided

each of them 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

their appearance in this Court on 13.12.2021 and as and when

called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /30-33

Powered by TCPDF (www.tcpdf.org)