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2025 DAILYLAW 31268 (RAJ)

HAMEED @ CHIYAN SON OF KALU v. STATE OF RAJASTHAN

SOSR/535/2024 · 2025-04-21

Uma Shanker Vyas

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No. 535/2024 In S.B. Criminal Revision Petition No. 1690/2024 Hameed @ Chiyan Son Of Kalu, Resident Of Dharmshala Police Station Kaman District Bharatpur (Petitioner Presently Lodged In Central Jail Sewar) ----Petitioner Versus State of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Liyakat Khan, Adv. For Respondent(s) : Ms. Manju Dave, P.P. HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 21/04/2025 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 acceptable evidence to hold the accused- applicant guilty for the alleged offence(s) and there is every likelihood of succeeding in the criminal revision. Learned counsel further submits that accused-applicant was on bail during trial as well as during the pendency of appeal and presently he is behind bars. Learned counsel further submits that final hearing of the revision is likely to take time thus sentence of the accused- applicant may be suspended. (2 of 2) [CRLR-1690/2024] 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 and affirmed by the learned appellate Court against the accused-applicant namely, Hameed @ Chiyan Son Of Kalu in Criminal Case No.832/2005 shall remain suspended during pendency of the petition 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 26.05.2025 and thereafter as and when called upon to do so. S.B. Criminal Misc. Application No. IA1/2025:- Since the suspension of sentence application has already been allowed by this Court today itself, no further orders are required to be passed on the said application. Accordingly, the application for early hearing is accordingly dismissed as having become infructuous. (UMA SHANKER VYAS),J YOGESH KUMAR /91