Abdul Rashid Son Of Ishaq Shah vs State Of Rajasthan
2021 Latest Caselaw 5867 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     S. B. Criminal Misc. Suspension of Sentence App No. 250/2021
                                          IN
             S.B. Criminal Revision Petition No. 956/2021

Abdul Rashid Son Of Ishaq Shah, R/o Jahajpur, Police Station
Jahajpur, District Bhilwara (Raj) (At Present Confined At Central
Jail Ajmer)
                                                                     ----Petitioner
                                      Versus
State Of Rajasthan, Through P.P
                                                                   ----Respondent

For Petitioner(s) : Mr. Abdul Wahid Naqvi For Respondent(s) : Mr. Yashwant Kankhadea, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

25/10/2021

1. Heard on application for suspension of sentence.

2. The petitioner has filed the revision petition along with

application for suspension of sentence.

3. The revision petition has been preferred against the

judgment dated 09.09.2021 passed by the learned Additional

District and Sessions Judge No. 2, Kekri (Ajmer)(the Appellate

Court) in criminal appeal No. 196/2018(80/2013) (CIS No.

268/2014) partly allowing the appeal and modifying the order

dated 02.08.2013 passed by the Additional Chief Judicial

Magistrate No. 2, Kekri in criminal case No. 365/2012, by which

the petitioner has been convicted for offence/s under Sections

279, 337, 338 and 304A IPC and sentenced to maximum term of

two years imprisonment.

(2 of 2) [CRLR-956/2021]

4. It has been submitted by learned counsel for the

petitioner that petitioner has been sentenced to maximum term of

two years imprisonment. As per certificate under Rule 311(3) of

Rajasthan High Court Rules, 1952, the petitioner was on bail

during trial as well as during pendency of the appeal. Now, he is

in judicial custody since date of judgment i.e. 09.09.2021.

Decision of revision petition may take considerable time.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the parties and scanned the

evidence available on record.

7. Taking into consideration the submissions of learned

counsel for the petitioner, evidence available on record and overall

facts and circumstances of the case but without commenting upon

merits of the case, this Court deems just and proper to allow the

application for suspension of sentence.

8. Accordingly, the application for suspension of sentence

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

petitioner Abdul Rashid Son Of Ishaq Shah shall remain suspended

till disposal of this 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 25.11.2021 and as

and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja/52

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