HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Misc. Bail Application No.482/2022

IN

S.B. Criminal Appeal No. 689/2022

1.

Mohammad Kuddus S/o Samsul Haq, R/o Village Mahanth

Maniyari, P.S. Mahanth Maniyari, District Mujaffarpur

(Bihar) Presently R/o House No. 155, Sudampuri Painter

Colony, Shastri Nagar, Jaipur (Accused Confined In

Central Jail Jaipur)

2.

Mohammad Yunus S/o Alun Haq, R/o Village Mahanth

Maniyari, P.S. Mahanth Maniyari, District Mujaffarpur

(Bihar) Presently R/o House No. 155, Sudampuri Painter

Colony, Shastri Nagar, Jaipur (Accused Confined In

Central Jail Jaipur)

----Accused/Appellants

Versus

State Of Rajasthan, Through P.P.

----Respondent

For Appellant(s)

:

Mr. Ram Manohar Sharma, Adv.

For Respondent(s)

:

Mr. Ganesh Saini, P.P.

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

07/07/2022

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-applicants submits that

there is no reliable and legally acceptable evidence to hold the

accused-applicants guilty for the alleged offence(s) and there is

every likelihood of succeeding in the criminal appeal. Learned

counsel further submits that accused-applicants were on bail

(2 of 2)

[SOSA-482/2022]

during trial and currently they are behind bars. He further submits

that accused-applicants are willing to deposit the entire fine

amount and as final hearing of the appeal is likely to take time

thus sentence of the accused-applicants may be suspended.

Learned Public Prosecutor has vehemently opposed the

prayer regarding suspension of sentence.

I have considered the submissions made by learned counsel

for the parties.

Without commenting upon the merits/demerits of the case

and considering the arguments advanced by the parties, this Court

deems it just and proper to suspend the sentence awarded to the

applicants.

Accordingly, subject to deposition of fine imposed by

the learned trial Court on the accused-applicants, the

application for suspension of sentence is allowed and it is ordered

that the sentence of imprisonment awarded by the learned trial

Court to the accused-applicants namely, 1.Mohammad Kuddus

S/o Samsul Haq & 2.Mohammad Yunus S/o Alun Haq in

Sessions Case No.74/2019 (45/2019) shall remain suspended

during pendency of the appeal and they shall be released on bail,

provided each of them 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 they shall appear before this court on 10^th August,

2022 and thereafter as and when called upon to do so.

(UMA SHANKER VYAS),J

DANISH USMANI /22