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2025 DAILYLAW 2668 (RAJ)

MOHAMMAD LALA S/O SHRI BABU QURESHI v. STATE OF RAJASTHAN

SOSA/59/2025 · 2025-01-24

Uma Shanker Vyas

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:3588] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 59/2025 IN S.B. Criminal Appeal No.65/2025 Mohammad Lala S/o Shri Babu Qureshi, Aged About 33 Years, R/o House No. 2974, Purohti Ji Ka Chowk, Kalyan Ji Ka Rasta, Chandpole Bazar, Police Station Kotwali Jaipur Presently House No. 38, Durga Vistar Colony Hasanpura NBC, Police Station Sadar Jaipur (Presently Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Majhar Hussain, Adv. For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 24/01/2025 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 the accused-applicant submits that there is no reliable and legally [2025:RJ-JP:3588] (2 of 3) [SOSA-59/2025] acceptable evidence to hold the accused-applicant guilty for the alleged offence(s) and there is every likelihood of succeeding in the criminal appeal. Learned counsel further submits that applicant was on bail during trial and he is presently confined in judicial custody. He further submits that as final hearing of the appeal is likely to take time thus sentence of the accused-applicant 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 applicant. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court to the accused-applicant namely, Mohammad Lala S/o Shri Babu Qureshi in Sessions Case No.38/2023 (CIS No.38/2023) shall remain suspended during [2025:RJ-JP:3588] (3 of 3) [SOSA-59/2025] pendency of the appeal 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 before this court on 24th February, 2025 and thereafter as and when called upon to do so. (UMA SHANKER VYAS),J GAURAV SHARMA /45