Mohammed Aslam S/O Shree Mohammed ... vs State Of Rajasthan
2021 Latest Caselaw 5766 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Criminal Misc. Suspension of Sentence
                         Application No.227/2021
                                          In
            S.B. Criminal Revision Petition No. 890/2021

Mohammed Aslam S/o Shree Mohammed Iliyas, R/o House No.
2920 Patwo Ka Chowk Kalyan Ji Ka Rasta Jaipur (Raj.)
(At Present In Central Jail Jaipur)
                                                           ----Accused/Petitioner
                                      Versus
State Of Rajasthan, Through P.P.
                                                                   ----Respondent

For Petitioner(s) : Mr. Ali Mohammed Khan For Respondent(s) : Mr. Yashwant Kankhadia, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

22/10/2021 Heard on application for suspension of sentence.

The petitioner has filed the revision petition along with

application for suspension of sentence.

This revision petition has been preferred against the

judgment dated 25.02.2019 passed by Additional Sessions Judge

No.10, Jaipur Metro in Criminal Appeal No.101/2012(92/15)

(142/06), affirming the order dated 27.03.2006 passed by

Additional Civil Judge and Judicial Magistrate No.12, Jaipur Metro,

Jaipur (the trial court) in Criminal Case No.728/2003, by which the

petitioner has been convicted for offence/s under Sections 457

and 380 of IPC and sentenced to maximum term of three years

imprisonment.

(2 of 2) [CRLR-890/2021]

It has been submitted on behalf of learned counsel for the

petitioner that the learned Courts below have erred in convicting

and sentencing the petitioner. The petitioner was on bail during

trial as well as during pendency of appeal and now, he is in judicial

custody since 27.09.2019. Decision of the revision petition is likely

to consume considerable time.

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 petitioner, overall facts and circumstances of the case but

without commenting upon detailed merits of the case, this Court

deems it 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/petitioner Mohammed Aslam S/o Shree Mohammed

Iliyas shall remain suspended till disposal of this revision petition

and he be released on bail, provided the petitioner furnishes a

personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/-

each to the satisfaction of the learned trial Court for his

appearance in this Court on 23rd November, 2021 and as and when

called upon to do so.

(MANOJ KUMAR VYAS),J

Hemant/38

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