Rajasthan High Court
Mohammed Atik @ Sonu S/O Sabir ... vs State Of Rajasthan on 5 October, 2021
Bench: Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.897/2021
In
S.B. Criminal Appeal No. 1470/2021
1. Mohammed Atik @ Sonu S/o Sabir Alias Shorab Alias
Pappu, Aged About 21 Years, Resident Of Dargah Mohalla
Kanglipura Police Station Bhawani Mandi District Jhalawar
2. Shorab Alias Pappu Alias Sabir S/o Chand Khan, aged
about 37 years, Resident Of Dargah Mohalla Kanglipura
Police Station Bhawani Mandi District Jhalawar (Raj)
----Appellants
Versus
State Of Rajasthan, Through P.P
----Respondent
For Appellant(s) : Mr. Rohit Khandelwal, Advocate with
Mr. Shriram Dhakad, Advocate
For Respondent(s) : Mr. B.S. Sharma, Public Prosecutor
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
05/10/2021
This application for suspension of sentence has been
preferred on behalf of the applicants/appellants under Section 389 of
Cr.P.C. to suspend the sentence awarded by the Court of Additional
Sessions Judge, Bhawani Mandi, District Jhalawar vide its judgment
dated 09.09.2021 in Sessions Case No.54/2014 (CIS No.32/2016).
Learned counsel for the applicants/appellants has submitted
that during trial the appellants were on bail. Counsel has filed certificate
Under Rule 311(3) of the Rajasthan High Court Ordinance in which it
has been stated that the accused-applicants were given 30 days time to
file appeal before the High Court. Counsel further submits that presently
(2 of 2) [SOSA-897/2021 in CRLAS-1470/2021]
sentence of accused-applicants has been suspended by the trial Court
for 30 days and they have no criminal antecedents. Counsel further
submits that the conclusion of appeal will take considerable time.
Hence, sentence awarded to the applicants/appellants may be
suspended during pendency of the appeal.
On the other hand, learned Public Prosecutor appearing for
the State, has opposed the application for suspension of sentence.
Heard learned counsel appearing for the
applicants/appellants as well as learned Public Prosecutor and perused
the material carefully available on file.
Considering the submissions made by learned counsel for
the applicants/appellants and taking into consideration overall facts and
circumstances of the case; but without expressing any opinion on the
merits and demerits of the case, this court deems it just and proper to
suspend the sentence awarded to the applicants/appellants.
Accordingly, the application for suspension of sentence is
allowed and it is ordered that execution of the sentence awarded by
the trial court to the applicants/appellants, namely Mohammed Atik @
Sonu S/o Sabir @ Shorab @ Pappu and Shorab @ Pappu @ Sabir S/o
Chand Khan shall remain suspended during the pendency of appeal;
provided each of them furnishes a personal bond in the sum of
Rs.1,00,000/- with two sureties in the sum of Rs.50,000/- each to the
satisfaction of the learned trial Court with the stipulation that they shall
appear before this Court on 09.11.2021, thereafter, as and when called
upon to do so.
(CHANDRA KUMAR SONGARA),J
Ashish Kumar /33
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