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2025 Supreme(RAJ) 200

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
ALI ASHRAF ANSARI @ CHHOTAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates:
Mr. Rahul Soni, Mr. KS Kumpawat, assistant to Mr. Deepak Choudhary, AAG, Mr. Jitendra Ojha

Order :

1. Heard learned counsel for the parties and perused the material available on record.

2. Counsel for the appellant submits that according to the statement of victim (PW-2), she went with the appellant out of her own free will and resided with him. Counsel submits that presently both the victim and the appellant are residing together. Moreover, the appellant was on bail during the trial and there is no chance of hearing of the appeal in near future. In these circumstances, it is prayed that the sentence of the appellant may be suspended and he may be released on bail.

3. Learned AAG and counsel for respondent No.2 have opposed the application for suspension of sentence.

4. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the facts that the appellant was on bail during the trial and there is no chance of hearing of the appeal in near future, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.

5. Accordingly, the application for suspension of sentence filed under Section 389 of Cr.P.C. is allowed and it is ordered that the sen

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