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2025 DAILYLAW 21243 (RAJ)

SHAHID KHAN SON OF FATU KHAN v. STATE OF RAJASTHAN

SOSR/217/2025 · 2025-07-01

Uma Shanker Vyas

body2025

Judgment text

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[2025:RJ-JP:23969] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.217/2025 IN S.B. Criminal Revision Petition No.985/2025 1. Shahid Khan Son of Fatu Khan, Resident of Kharkhada Police Station Tijara District Alwar (At Present In Central Jail Alwar) 2. Samshu Son of Mahajan, Resident of Kharkhada Police Station Tijara District Alwar (At Present In Central Jail Alwar) ----Petitioners Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Harendra Singh, Adv. For Respondent(s) : Ms. Manju Dave, P.P. HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 01/07/2025 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 accused-applicants submits that there is no reliable and legally acceptable evidence to hold accused- applicants guilty for the alleged offence(s) and there is every likelihood of succeeding in the criminal revision. Learned counsel further submits that accused-applicants were on bail during trial as well as during pendency of appeal and presently they are behind bars. Learned counsel further submits that final hearing of the revision is likely to take time thus sentence of accused- applicants may be suspended. [2025:RJ-JP:23969] (2 of 2) [SOSR-217/2025 in CRLR-985/2025] 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 applicants. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court and affirmed/modified by the learned appellate Court against accused-applicants namely, 1.Shahid Khan S/o Fatu Khan & 2.Samshu S/o Mahajan in Criminal Case No.23/126/2015 shall remain suspended during pendency of the petition 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 04th August, 2025 and thereafter as and when called upon to do so. (UMA SHANKER VYAS),J DANISH USMANI /21