Saleem Shekh @ Ayan S/O Shri ... vs State Of Rajasthan
2023 Latest Caselaw 1039 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

    S.B. Criminal Misc. Application for Suspension of Sentence
                                No.27/2023

                                       In

           S.B. Criminal Revision Petition No. 128/2023

Saleem Shekh @ Ayan S/o Shri Tasleem aged 25 years, R/o
Koyalo walo ki Gali, Chudiwalo ka Mohalla, Sadar Bazar, Police
Station Sadar District Merath at present R/o Flat No. 103,
Kachchi Basti, Police Station Bhankrta, Jaipur
At present confined in Centre Jail Jaipur
                                                                  ----Petitioner

                                   Versus

State Of Rajasthan through PP
                                                                ----Respondent

For Petitioner(s) : Mr. Vinod Kumar Sharma

For Respondent(s) : Mr. Mahendra Meena, PP

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

31/01/2023

Heard learned counsel for the parties on the application filed

for suspension of sentence and perused the entire material

available on record.

Learned counsel for the accused-applicant submits that there

is no reliable and legally acceptable evidence to hold accused-

applicant guilty for the alleged offence(s) and there is every

likelihood of succeeding in the criminal revision petition. Learned

counsel further submits that final hearing of the petition is likely to

take time thus sentence of the accused-applicant may be

suspended.

(2 of 3) [SOSR-27/2023]

Learned Public Prosecutor has vehemently opposed the

prayer regarding suspension of sentence.

I have considered the submissions made by learned counsel

for the parties. The petitioner was convicted and sentenced for the

offences under Sections 457, 380 and 75 of IPC in regular criminal

case No.906/2019 (CIS No.50567/2019) by the Court of

Additional Chief Judicial Magistrate, No.2, Jaipur Metropolitan-II,

Jaipur. The petitioner preferred regular appeal which was

dismissed by Additional District and Sessions Judge No.6, Jaipur

Metropolitan-II, Jaipur as Criminal Appeal No.31/2021 (CIS

No.246/2021) vide judgment dated 26.08.2022 by which the

learned Appellate Court has upheld the judgment and sentence

passed by the learned trial Court. Learned counsel for the

accused-applicant submits that accused-applicant was on bail

during trial as well as during pendency of appeal and presently he

is behind the bars.

Without commenting upon the merits of the case, I deem it

just and proper to suspend the sentence awarded to the applicant.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the sentence awarded by the

learned trial Court and affirmed by the learned appellate Court

against the accused-applicant namely, Saleem [email protected] S/o

Shri Tasleem in the matter shall remain suspended during

pendency of petition and he shall be released on bail, provided he

furnishes a personal bond in the sum of Rs.1,00,000/- along with

two sureties in the sum of Rs.50,000/- each to the satisfaction of

the learned trial Court with the stipulation that he shall appear

(3 of 3) [SOSR-27/2023]

before this court on 28th February, 2023 and thereafter as and

when called upon to do so.

(ASHUTOSH KUMAR),J

AARZOO ARORA /56

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