Rajasthan High Court - Jodhpur
Zafar Ali @ Boga vs State Of Rajasthan (2025:Rj-Jd:20516) on 28 April, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:20516]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 17/2025
Zafar Ali @ Boga S/o Shri Hakam Ali, Aged About 71 Years, R/o
Ward No. 10, Kheruwala, Tehsil Sadulshahar, District
Sriganganagar, Rajasthan. (At Present Lodged In Central Jail,
Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. S.R. Godara
For Respondent(s) : Mr. Shreeram Choudhary, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment 28/04/2025 Heard learned counsel for the parties and perused the material available on record.
Learned counsel for the appellant submits that the appellant has been in custody since 04.08.2018 and hearing of the appeal will take sufficiently long time, therefore, the sentence of the appellant may be suspended.
Learned Public Prosecutor opposed the prayer for suspension of sentence.
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 hearing of appeal is likely to take time, therefore, this court is of the opinion that it is a fit (Downloaded on 28/04/2025 at 10:06:05 PM) [2025:RJ-JD:20516] (2 of 3) [SOSA-17/2025] case for suspending the sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed under Section 430 BNSS (Section 389 Cr.P.C.) is allowed and it is ordered that the sentence passed by learned Additional Session Judge, Sadulshahar District Sri Ganganagar vide judgment dated 27.11.2024 in Sessions Case No.88/2022 against the appellant- applicant - Zafar Ali @ Boga S/o Shri Hakam Ali shall remain suspended till final disposal of the aforesaid appeal provided he executes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 28.05.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.
The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicant was 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 (Downloaded on 28/04/2025 at 10:06:05 PM) [2025:RJ-JD:20516] (3 of 3) [SOSA-17/2025] accused applicant do 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 70-mSingh/-
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