Amzad Khan Son Of Shri Mukhtyar ... vs State Of Rajasthan
2021 Latest Caselaw 5720 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

     S. B. Criminal Suspension of Sentence App. No. 216/2021

                                        In

             S.B. Criminal Revision Petition No. 858/2021

Amzad Khan Son Of Shri Mukhtyar Ahmed, Aged About 33 Years,
R/o Bajirpur, Police Station And Tehsil Bajirpur, District Sawai
Madhopur (At Present Confined At Central Jail Bharatpur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through P.P
                                                                 ----Respondent

For Petitioner(s) : Mr. Rahul Sinsinwar For Respondent(s) : Mr. Yashwant Kankhadea, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

21/10/2021

1. Heard on application for suspension of sentence.

2. This application for suspension of sentence has been

filed by the petitioner against the judgment dated 13.08.2021,

passed by Additional Session Judge No. 1, Bayana, District

Bharatpur, affirming the judgment dated 20.09.2019 passed by

Judicial Magistrate, Bayana (Bharatpur) in criminal case No.

119/2010, by which the petitioner was convicted and sentenced as

under:-

Under Section 279 IPC           Three months SI
Under Section 337 IPC           Three months SI and fine of Rs.500/-,
                                In default further 15 days SI
Under Section 338 IPC           Six months SI and fine of Rs.1,000/-,
                                In default further One month SI



                                                                              (2 of 2)                   [SOSR-216/2021]


                                   Under Section 304-A IPC          Two years SI and fine of Rs.3,000/-
                                                                    In default further Three months SI

3. It has been submitted that the petitioner has been

sentenced maximum two years imprisonment. He is in custody

since 13.08.2021. Decision of the revision petition may taken

considerable time. Learned trial court as well as Appellate Court

have committed legal error in convicting and sentencing the

petitioner. There is no reliable and cogent evidence on record

against the petitioner to connect him with the crime.

4. Learned Public Prosecutor has opposed the application

for suspension of sentence.

5. On consideration of submissions made by learned

counsel for the petitioner and learned Public Prosecutor, perusal of

the record and looking to the overall facts and circumstances of

the case but without commenting upon merits of the case, this

application for suspension of sentence deserves to be allowed.

6. Accordingly, the application for suspension of sentence

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

petitioner Amzad Khan Son Of Shri Mukhtyar Ahmed, shall

remain suspended till disposal of this criminal revision petition and

he shall be released on bail provided the petitioner 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

22.11.2021 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja/38

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