Abid @ Banti @ Malik S/O Liyakat Ali vs State Of Rajasthan
2022 Latest Caselaw 7895 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

    S.B. Criminal Misc. Suspension of Sentence Application No.
                            1270/2022
                                in
               S.B. Criminal Appeal No. 1940/2022
Abid @ Banti @ Malik S/o Liyakat Ali, Aged About 34 Years, R/o
Anantpura, Talavbasti, P.s. Vigyan Nagar, Distt. Kota (Appellant
Is In Jail At Kota)
                                                                    ----Appellant
                                     Versus
State Of Rajasthan, Through Public Prosecutor
                                                                  ----Respondent

For Appellant(s)            :    Mr. Sajid Ali
For Respondent(s)           :    Mr. Ganesh Saini, PP



      HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

                                      Order

19/12/2022

This suspension of sentence application has been filed by the

applicant along with the criminal appeal.

In the case under consideration, the applicant has been convicted

for the offence under Sections 397, 397/120B IPC and sentenced with a

maximum of seven years rigorous imprisonment along with fine as per

judgment dated 22.08.2022.

Learned counsel for the applicant has annexed the certificate

under Rule 311 of High Court Rules to the effect that he was on bail

during the course of trial and presently he is confined in Central Jail.

Hence, the execution of sentence awarded to the applicant should be

suspended during the pendency of the appeal. It is submitted on behalf

of the applicant that the judgment of conviction and sentenced passed

by court below is totally based upon surmises and conjectures. There is

(2 of 2) [SOSA-1270/2022]

no evidence available on record against the applicant to connect him

with the alleged offences.

Learned Public Prosecutor has vehemently opposed the prayer

regarding suspension of sentence.

Looking to the short term of sentence and without commenting

upon the merits of the case, this court deems it just and proper to

suspend the sentence awarded to the accused-applicant.

Having heard the learned counsel for the parties and after going

through the entire material available on record, this suspension of

sentence application is allowed and it is ordered that execution of

sentence awarded to the applicant- Abid @ Banti @ Malik S/o

Liyakat Ali by the court below vide order dated 22.08.2022 against

the accused-applicant, shall remain suspended during the pendency of

the appeal, provided he furnish a personal bond in the sum of

Rs.50,000/- along with two sureties of Rs.25,000/- each, to the

satisfaction of the learned court below with the stipulation that he shall

appear before this Court on 23.01.2023 and thereafter, as and when he

is called upon to do so.

(VINOD KUMAR BHARWANI),J

SAHIL SONI /69

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