Abdul Hameed Son Of Samda Ji vs State Of Rajasthan
2021 Latest Caselaw 6589 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Criminal Misc. Suspension of Sentence
                      Application No.296/2021
                                       IN
          S.B. Criminal Revision Petition No. 1107/2021

Abdul Hameed Son of Samda Ji, Resident of Somalpur, Police
Station Ramganj, District Ajmer, (Raj.) (At Present In Central,
Jail, Ajmer)
                                                        ----Accused/Petitioner
                                   Versus
State of Rajasthan, Through PP
                                                                ----Respondent

For Petitioner(s) : Mr. Khurshid Ahmed Khan For Respondent(s) : Mr. Imran Khan, P.P.

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

16/11/2021

This suspension of sentence application has been filed by the

applicant seeking suspension of his sentence.

Learned counsel for the applicant has contended that the

applicant was convicted by the Trial Court vide its judgment dated

30.10.2012 for the offence under Section(s) 279, 337, 338 &

304A IPC and sentenced as under:-

For offence under Section 279 IPC- Simple Imprisonment of six

months with a fine of Rs. 200/-; in default of payment of fine, to

further undergo simple imprisonment of fifteen days.

For offence under Section 337 IPC- Simple Imprisonment of six

months with a fine of Rs.300/-; in default of payment of fine, to

further undergo simple imprisonment of twenty days.

(2 of 3) [SOS-296/2021]

For offence under Section 338 IPC- simple imprisonment of one

year with a fine of Rs.500/-; in default of payment of fine, to

further undergo simple imprisonment of twenty five days.

For offence under Section 304A IPC- simple imprisonment of two

years with a fine of Rs.800/-; in default of payment of fine, to

further undergo simple imprisonment of one month.

The appellant-applicant thereafter filed an appeal, but the

appellate Court vide its judgment dated 06.10.2021 partly allowed

the appeal and acquitted the accused petitioner from offence

under Section 337 IPC and affirmed the judgment passed by the

Trial Court vide order dated 30.10.2012 for the offence under

Section(s) 279, 338 & 304A IPC. Learned counsel further submits

that the accused applicant was on bail during trial as well as

during appeal and at present accused petitioner is confined in jail.

He has prayed that this application for suspension of sentence of

the applicant may be allowed and sentence of the applicant 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 applicant is allowed and it is ordered that execution of

sentence awarded to accused applicant Abdul Hameed S/o

Samda Ji by the Trial Court and affirmed by the Appellate Court

shall remain suspended during the pendency of the petition,

provided he 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 he shall appear before

(3 of 3) [SOS-296/2021]

this Court on 17th December, 2021 and thereafter as and when

called upon to do so.

(UMA SHANKER VYAS),J

DANISH USMANI /23

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