HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 97/2021 Mohammed Liyakat S/o Shri Mohammed Rajaq, Aged About 37 Years, B/c Kayamkhani Muslim, R/o Kaluram Ki Baori, Soorsagar, Maliyo Ka Rajbagh, Jodhpur, Presently Of Kumahari Darwaja, Nagaur. (Confined In Central Jail Ajmer).
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Aziz Khan
For Respondent(s) : Mr. Laxman Solanki, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
29/07/2021
Heard counsel for the appellant as well as learned Public Prosecutor.
Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the facts that the appellant is behind the bars since 09.04.2015 and hearing of the appeal will take sufficient long time to be concluded, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the learned Special Judge, POCSO Act Cases, Merta, vide judgment dated 30.04.2019 in Sessions Case No.33/2018 (211/2016) (39/2015) against the appellant-applicant Mohammed Liyakat S/o Shri Mohammed Rajaq shall remain (Downloaded on 29/07/2021 at 08:59:50 PM) (2 of 2) [SOSA-97/2021] suspended till final disposal of the aforesaid appeal subject to the condition that the appellant shall deposit the fine amount as imposed by the learned trial Court and he will be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 31.08.2021 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.
4. Appellant shall deposit the fine amount as imposed by the learned trial court.
The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(MANOJ KUMAR GARG),J 44-Ishan/-
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