ISHRAT MOHAMMED S/O LATE IRSHAD MOHAMMMED v. THE STATE OF RAJASTHAN
SOSA/503/2026 · 2026-03-17
Vinod Kumar Bharwani
Criminal Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 510 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 510 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:11357] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.503/2026 In S.B. Criminal Appeal (Sb) No. 568/2026 Ishrat Mohammed S/o Late Irshad Mohammmed, Aged About 45 Years, R/o Patwari Manzil, Toswi Chowk, Near Dhai Din Ka Jhopda, Police Station Dargah, Ajmer (Rajasthan). ----Appellant Versus The State Of Rajasthan, Through P.P. ----Respondent For Appellant(s) : Mr. Harshad Kapoor For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order 17/03/2026 Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 430 of BNSS alongwith the appeal, to suspend the sentence awarded by the Court of learned Additional Sessions Judge, (Woman Atrocities Cases), Ajmer (Raj.) vide its judgment dated 17.02.2026 in Sessions Case No.80/2018, whereby the applicant- appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of two years simple imprisonment with fine.
Learned counsel appearing for the applicant-appellant submits that the appellant was on bail during trial and learned Trial Court has already suspended the sentence of the appellant for a period of thirty (30) days. Counsel further submits that the
[2026:RJ-JP:11357] (2 of 2) [SOSA-503/2026] learned Trial Court has not appreciated the facts and circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellant may be suspended during the pendency of the appeal. Learned Public Prosecutor has vehemently opposed the
submissions made herein-above. Heard learned counsel for the parties and perused the material made available on record. Looking to the overall facts & circumstances of the case and the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellant during the pendency of the appeal. Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Ishrat Mohammed S/o Late Irshad Mohammmed, by the learned Trial Court shall remain suspended during pendency of the appeal, provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court with the stipulation that he shall appear before this Court on 17.04.2026 and thereafter, as and when he is called upon to do so.
(VINOD KUMAR BHARWANI),J SAURABH /38