Rajasthan High Court - Jaipur
Mohammad Salim S/O Shri Mohd Sharif vs State Of Rajasthan on 4 January, 2022
Bench: Pankaj Bhandari, Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Suspension of Sentence Application
No.257/2021
IN
D.B. Criminal Appeal No. 37/2021
Mohammad Salim S/o Shri Abdul Rahim, R/o Ward No. 9
Mangrole Police Station Mangrole District Baran (Raj.) (At
Present Confined In Central Jail Kota)
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Rohan Jain
For Respondent(s) : Mr. Anil Agarwal for Mr. Vikram Singh
Chauhan
For State : Mr. N.S. Gurjar, Assistant Govt. Adv.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Judgment / Order 04/01/2022
1. Accused-appellant has preferred this application for suspension of sentence.
2. Heard on application for suspension of sentence.
3. It is contended by counsel for the appellant that the appellant has been convicted with the aid of Section 34 of IPC and he is not convicted under the Arms Act. It is also contended that the appellant was on bail during trial. F.I.R. was lodged on the same day, wherein there is no allegation against the present appellant of causing stab wounds to the deceased. It is further contended that in the statement recorded under Section 161 (Downloaded on 07/01/2022 at 09:25:14 PM) (2 of 2) [SOSA-257/2021] Cr.P.C. (Ex.D-2) of PW-8 Nuroonisha, there is no allegation of causing injury against the present appellant.
4. Learned Assistant Govt. Adv. and counsel for the complainant have opposed the application for suspension of sentence.
5. We have considered the contentions.
6. Taking note of the fact that appellant was on bail during trial and in the F.I.R. there is no allegation of causing stab wounds to the deceased against the present appellant, hence, we deem it proper to allow the application for suspension of sentence.
7. Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused- applicant in Sessions Case No.61/2017 (CIS No.198/2017) shall remain suspended if the appellant furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court to the effect that he shall appear before this Court as and when called upon to do so. (CHANDRA KUMAR SONGARA),J (PANKAJ BHANDARI),J ARTI SHARMA /17 (Downloaded on 07/01/2022 at 09:25:14 PM) Powered by TCPDF (www.tcpdf.org)