Mustafa Boda vs State Of Rajasthan (2024:Rj-Jd:23483)

Rajasthan High Court - Jodhpur

Mustafa Boda vs State Of Rajasthan (2024:Rj-Jd:23483) on 23 May, 2024

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2024:RJ-JD:23483]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 374/2024

Mustafa @ Boda S/o Shri Javed, Aged About 24 Years, R/o
Shastri Colony Panwadi P.s Kotwali Dungapur (Presently Lodged
In Central Jail Udaipur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Ranjeet Singh Chouhan
For Respondent(s)         :     Mr. Mukesh Trivedi, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order 23/05/2024 Heard learned counsel for the parties.

Learned counsel for the appellant submits that the accused- appellant was on bail during the trial and hearing of the appeal will take sufficiently long time, therefore, the sentence of the appellant may kindly be suspended.

Learned Public Prosecutor has opposed the prayer made by the counsel for the appellant.

Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, 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 (Downloaded on 23/05/2024 at 08:42:23 PM) [2024:RJ-JD:23483] (2 of 3) [SOSA-374/2024] substantive sentences passed by the learned Additional Sessions Judge, Dungarpur vide judgment dated 12.02.2024 in Sessions Case No.52/2022 against the appellant-applicant - Mustafa @ Boda S/o Shri Javed subject to the condition that the appellant shall deposit the 50% of 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 02.07.2024 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 50% of 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 (Downloaded on 23/05/2024 at 08:42:23 PM) [2024:RJ-JD:23483] (3 of 3) [SOSA-374/2024] court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

(MANOJ KUMAR GARG),J 98-Rashi/-

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