Imtiyaz vs State Of Rajasthan
2022 Latest Caselaw 11579 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc. Temporary Suspension Of Sentence Application (Appeal) No. 846/2022

1. Imtiyaz S/o Riyaz Ahmed, Aged About 39 Years, B/c Musalman R/o Holi Chowk Prithviganj Banswara (At Present Lodged In Central Jail Udaipur)

2. Siraj Ahmed S/o Riyaz Ahmed, Aged About 41 Years, B/c Musalman R/o Holi Chowk Prithviganj Banswara (At Present Lodged In Central Jail Udaipur)

3. Khan Bahadur S/o Meer Mohammad, Aged About 55 Years, B/c Musalman R/o Holi Chowk Prithviganj Banswara (At Present Lodged In Central Jail Udaipur)

----Petitioners Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Shaitan Singh Badgujar For Respondent(s) : Mr. B.R. Bishnoi, AGC

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE FARJAND ALI

Order

16/09/2022

This application under Section 389 CrPC seeking interim

bail has been preferred on behalf of the appellants-applicants

Imtiyaz S/o Riyaz Ahmed, Siraj Ahmed S/o Riyaz Ahmed and Khan

Bahadur S/o Meer Mohammad, who are serving life imprisonment

upon being convicted and sentenced by the learned Additional

Sessions Judge (Fast Track), Banswara vide judgment dated

07.11.2006 passed in Sessions Case No.43/2006, on the ground

that Riyaz Ahmed, father of the appellant-applicants No.1 and 2

and brother of the appellant-applicant No.3, has passed away at

(2 of 2) [SOSA-846/2022]

the Central Jail, Udaipur while undergoing life imprisonment with

the appellants. A prayer is made to release the appellants on

interim bail so that they can perform the last rites and customary

rituals.

Learned Public Prosecutor has placed on record a

verification report received from the Central Jail, Udaipur, as per

which, Shri Riyaz Ahmed expired on 27.08.2022.

In this background and taking a humanitarian view of

the matter, we are inclined to grant interim bail of 15 days to the

appellant-applicants so that they can perform the last rites and

customary rituals pursuant to demise of Shri Riyaz Ahmed.

Accordingly, the instant application for temporary

suspension of sentences is allowed. The sentences awarded to

appellant-applicants (1) Imtiyaz S/o Riyaz Ahmed (2) Siraj

Ahmed S/o Riyaz Ahmed and (3) Khan Bahadur S/o Meer

Mohammad by learned Additional Sessions Judge (Fast Track),

Banswara in Sessions Case No.43/2006 vide judgment dated

07.11.2006 shall remain suspended for a period of 15 days from

the date of their actual release upon each of them furnishing a

personal bond in the sum of Rs.80,000/- and two sound and

solvent sureties of Rs.40,000/- each to the satisfaction of the trial

court. The appellant-applicants shall surrender before the

Superintendent Central Jail, Udaipur in the morning of the next

day of completion of the period of temporary bail.

                                   (FARJAND ALI),J                                           (SANDEEP MEHTA),J
                                    37-Pramod/-









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