Rajasthan High Court
Abdul Latif S/O Abdul Gani vs State Of Rajasthan on 22 November, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Bail Application (Suspension of
Sentence) No.972/2021
In
S.B. Criminal Appeal No. 1575/2021
1. Abdul Latif S/o Abdul Gani, Aged About 52 Years,
2. Amir Khan S/o Abdul Latif, Aged About 27 Years,
3. Mohsin Khan Alias Golu S/o Abdul Latif, Aged About 22
Years,
4. Kallu Alias Shadab Khan S/o Nisar Ahmed, Aged About 26
Years,
5. Sethi Alias Waris Khan S/o Nisar Ahmed, Aged About 29
Years,
6. Aarif Alias Shanu S/o Abdul Latif, Aged About 32 Years,
All R/o Badora, Police Station Moothpur, District Baran
(Raj.)
(At Present Confined District Jail, Kota (Raj.)
----Accused-Appellants
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Naresh Kumar Singhal
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
22/11/2021
Heard on application for suspension of sentence.
Appellants have filed the appeal along with application for
suspension of sentence.
This appeal has been preferred against the judgment of
(2 of 3)
conviction and sentence dated 23.09.2021 passed by the Court of
Additional District and Sessions Judge, Atru, District Baran in
Sessions Case No.175/2020, by which the appellants have been
convicted under Sections 148, 341, 323, 326 / 326/149, 308 /
308/149 of IPC and sentenced to maximum term of seven years.
It has been submitted by learned counsel for the appellants
that the appellants have been sentenced to a maximum term of
seven years for offence under Sections 326 and 308 of IPC. There
are number of material contradictions and infirmities in the
prosecution evidence. As per certificate under Section 311(3) of
the Rajasthan High Court Rules, 1952, the appellants were on bail
during trial and now, they are behind the bars since 23.09.2021.
Parties have entered into a compromise. Affidavit in this regard
has been placed on record.
Learned Public Prosecutor has opposed the application for
suspension of sentence.
Heard learned counsel for the parties and scanned the
evidence available on record carefully.
Taking into consideration the submissions of learned counsel
for the appellants, 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-
appellants Abdul Latif S/o Abdul Gani, Amir Khan S/o Abdul Latif,
Mohsin Khan Alias Golu S/o Abdul Latif, Kallu Alias Shadab Khan
(3 of 3)
S/o Nisar Ahmed, Sethi Alias Waris Khan S/o Nisar Ahmed and
Aarif Alias Shanu S/o Abdul Latif, shall remain suspended till
disposal of this criminal appeal and they be released on bail,
provided each of them furnishes a personal bond of Rs.50,000/-
and two sureties of Rs.25,000/- each to the satisfaction of the
learned trial court for their appearance in this Court on 03 rd
January, 2022 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Hemant/57
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