Rajasthan High Court - Jodhpur
Mefus Ali vs State Of Rajasthan on 20 September, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2239/2025
1. Asraf Khan S/o Najeer Khan, Aged About 26 Years, R/o
Railway Station Road Parlu District Balotra (Raj.)
(At Present Incarcerated At Central Jail, Jodhpur)
2. Mefus Ali S/o Fakir Mohammed, Aged About 21 Years, R/o
Parlu District Balotra (Raj.)
3. Salman S/o Hamir Khan, Aged About 25 Years, R/o
Railway Station Road Parlu Police Thana Jasol District
Balotra (Raj.)
----Appellants
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Vinod Kumar Sharma
Mr. Gajendra Kumar Rinwa
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. OP Choudhary
HON'BLE MR. JUSTICE SANDEEP SHAH
Order 20/09/2025 IN S.B. Criminal Appeal (SB) No. 2239/2025:-
1. Admit.
2. Call for the record.
3. Requisition for summoning the record be given 'dasti' to the learned counsel for the appellants for service upon the respondent.
IN S.B. Criminal Misc. Bail Application for Suspension of Sentence No.1758/2025:-
1. Heard learned counsel for the appellants-applicants as well as learned Public Prosecutor and perused the material available on record.
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2. Learned counsel for the appellants-applicants submits that as far as the appellants - Mefus Ali and Salman are concerned, they were on bail during the course of trial. The main allegation is levelled against the co-accused and not against the appellants- applicants. He further submits that considering the entire facts, the learned trial Court has convicted the appellants-applicants under Sections 323, 325 and 326 read with Section 34 I.P.C. with rigorous imprisonment for a period of 3 years.
3. Per Contra, learned Public Prosecutor opposes the application for suspension of sentence and submits that considering that there were various injuries on body of the injured- Sahil, the accused- appellant is not entitled to be enlarged on bail.
4. Upon consideration of the arguments advanced on behalf of both the sides and having regards to the facts and circumstances of the case, including the facts that the main allegation is levelled against the appellant-applicant Asraf Khan and not against the present appellants-applicants, appellants-applicants were on bail during the course of trial, the punishment imposed is 3 years rigorous imprisonment, and that the chances of hearing of the appeal in near future being bleak, this Court deems it appropriate to suspend the sentence awarded to the accused-appellant.
5. Accordingly, the application for suspension of sentence filed under Section 430 BNSS (Old Provision Section 389 of Cr.P.C.) is allowed and it is ordered that the sentence passed by the learned Session Judge District Balotra, vide judgment dated 09.09.2025 in Sessions Case No.17/2024 (CNR No.RJBA010001362024), against the appellants-applicant Mefus Ali S/o Fakir Mohammed and Salman S/o Hamir Khan shall remain suspended till final (Uploaded on 20/09/2025 at 03:46:10 PM) (Downloaded on 20/09/2025 at 09:27:53 PM) (3 of 3) [CRLAS-2239/2025] disposal of the aforesaid appeal and they shall be released on bail, provided each of them execute 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 27.10.2025 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.
6. 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/do not appear before the trial Court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(SANDEEP SHAH),J 185-charul/-
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