KHURSID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE applicant Khurshid. filed this third suspension bail application for suspending the sentence in S.B. Criminal Appeal No. 778 of 2009 filed by him along with other co-accused challenging the order of conviction and sentence dated 18.7.2009 of Addl. Sessions Judge (Fast Track No. 4) Bharatpur.

(2.) THE accused applicant Khursid by the judgment of the Addl. Sessions Judge (Fast Track No. 4) Bharatpur dated 18.7.2009 was convicted and sentenced as under: Khursid son of Ayub was convicted under section 399 IPC and sentenced to Five Years RI with fine of Rs. 3,000/- and in default to further suffer two months SI and further convicted under Section 402 IPC to suffer Three Years Rl and fine of Rs. 2000 and in default of payment of fine to suffer two months SI. Accused Khursid was further convicted under sections 3/25 of the Arms Act to suffer one year RI . and fine of Rs. 1000/- and in default of payment of fine to suffer one year SI. All the sentences were ordered to run concurrently. For recovery of Rs. 7,85,000/- the trial court directed for further investigation.

(3.) THE learned counsel for the applicant has submitted that in this case the maximum sentence awarded to the applicant is of 5 years RI and the accused appellant is in jail since 18.7.2009. THE accused appellant was on bail during trial and he never misused the liberty of bail. It was further argued that in this case other co-accused persons namely Hazar and Farid son of Maamla have also filed Special Leave to Appeal before the Apex Court and the same was allowed and the sentence of the said co-accused persons was suspended vide order dated 15.11.2010. It was argued that the case of all the accused persons is identical. In such circumstances the counsel argued that the accused applicant may also be enlarged on bail while suspending his sentence during the pendency of the appeal.