Rajasthan High Court - Jodhpur
Javed Shah vs State on 11 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1044/2020
Javed Shah S/o Shri Saddik Shah, Aged About 32 Years, By
Caste Mohammedan, R/o Kapoor Colony, Badgoan Road,
Shivganj, Police Station Shivganj, Distt. Sirohi. (Presently
Lodged In Distt. Jail, Sirohi).
----Appellant
Versus
State, Through P.p.
----Respondent
For Appellant(s) : Mr. Mohd. Akbar
For Respondent(s) : Mr. Mukhtiyar Khan PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
11/01/2021
Heard. Admit.
Heard on application of suspension of sentence
No.848/2020.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, appellants was on bail during the trial, this court is of
the opinion that it is a fit case for suspending the substantive
sentence awarded to the accused appellants.
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 Sessions Judge,
Sirohi, vide judgment dated 31.10.2020 in Sessions Case
No.37/2012 (CIS No.106/2014) against the appellant-applicant
Javed Shah S/o Shri Saddik Shah shall remain 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
(2 of 2) [CRLAS-1044/2020]
Rs.50,000/- each to the satisfaction of the learned trial Judge for
his appearance in this court on 11/02/2021 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
39-Anshul/-
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