Mohammad Aslam vs State Of Rajasthan
2021 Latest Caselaw 13185 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 499/2021

Mohammad Aslam S/o Shri Azam Khan, Aged About 46 Years, B/c Kayamkhani Musalman, R/o Gali No. 17, Opposite Choti Marriage Garden Ramjan Ji Ka Hatha Jodhpur. (At Present Lodged In Central Jail, Jodhpur)

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Kalu Ram Bhati For Respondent(s) : Mr. R.R. Chhapparwal, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

27/08/2021

This criminal misc. temporary suspension of sentence

application (appeal) under Section 389 Cr.P.C. has been filed on

behalf of the petitioner with a prayer that the sentence awarded to

him by the Additional Sessions Judge No.5, Jodhpur Metropolitan

(hereinafter to be referred as 'the trial court') vide order dated

16.09.2016 may kindly be suspended temporarily for a period of

20 days on account of death of his father Azam Khan.

Learned counsel for the petitioner has submitted that on

account of death of father of the petitioner the sentence awarded

to him by the trial court may kindly be suspended temporarily for

a period of 20 days. Learned counsel for the petitioner has

produced on record the death certificate of father of the petitioner.

                                                                            (2 of 2)                 [SOSA-499/2021]


                                        Heard   learned     counsel       for     the     parties   on   temporary

suspension of sentence application and perused the material

available on record.

Having considered the totality of facts and circumstances of

the case, we consider it just and proper to temporarily suspend

the substantive sentence awarded to the accused petitioner for the

period of 20 days from 29.08.2021 to 18.09.2021.

Accordingly, this application seeking temporary suspension of

sentence filed under Section 389 Cr.P.C. is allowed and it is

ordered that the substantive sentence passed by the trial court

vide judgment dated 16.09.2016 in Sessions Case No.01/2015

against petitioner - Mohammad Aslam S/o Shri Azam Khan shall

remain temporarily suspended for the period of 20 days from

29.08.2021 to 18.09.2021 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 Superintendent of Central Jail, Jodhpur

with the incorporation that he would surrender before the

concerned jail authority after completion of 20 days period from

29.08.2021 to 18.09.2021.

It is made clear that in any case the petitioner shall

surrender himself before the concerned jail authority on or before

18.09.2021 at 10:00 A.M., failing which, the trial court shall report

the matter to this Court.

(VINIT KUMAR MATHUR),J (VIJAY BISHNOI),J

Abhishek Kumar S.No.48

Powered by TCPDF (www.tcpdf.org)