Rajasthan High Court - Jodhpur
Gafoordeen vs State Of Rajasthan on 8 July, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 68/2021
Gafoordeen S/o Ibrahim, Aged About 58 Years, R/o Mandarpura,
Police Station Nohar, Dist. Hanumangarh (Raj.). (At Present
Lodged In Central Jail, Bikaner).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. D.S. Gharsana
For Respondent(s) : Mr. B.R. Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
08/07/2021
The instant application for suspension of sentence
under Section 389 CrPC is preferred on behalf of the appellant-
applicant Gafoordeen S/o Ibrahim, who has been convicted and
sentenced for the offences under Sections 304 Part-I and 451 IPC
vide the judgment dated 02.01.2021 passed by learned Additional
Sessions Judge No.1, Nohar, District Hanumangarh in Sessions
Case No.74/2016.
Heard learned counsel for the appellant and learned
Public Prosecutor and perused the material available on record.
As per the custody certificate placed on record by the
learned Public Prosecutor, the appellant has served out sentence
of four years and ten months as on the date. The FIR of the
alleged incident in which Salamuddin was assaulted and injured
came to be lodged on 29.08.2016. Salumuddin was got admitted
(2 of 3) [SOSA-68/2021]
into the hospital and was discharged on 22.09.2016. As per the
postmortem report (Ex.P/6), he expired in the month of January
2017.
In this background, I am of the opinion that the
appellant has available to him significant grounds available for
assailing the impugned judgment. Hearing of the appeal is likely
to consume time. Thus, I find it to be a fit case for suspending
the sentences awarded to the accused appellant during the
pendency of the appeal.
Accordingly, the application for suspension of sentence
filed under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Additional Sessions Judge No.1,
Nohar, District Hanumangarh vide judgment dated 02.01.2021 in
Sessions Case No.74/2016 against the appellant-applicant
Gafoordeen S/o Ibrahim, shall remain suspended till final disposal
of the aforesaid appeal and he shall be released on bail, provided
he executes a personal bond in the sum of Rs.50,000/- with two
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 09.08.2021 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(s),
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
(3 of 3) [SOSA-68/2021]
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 accused applicant does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(SANDEEP MEHTA),J
147-Pramod/-
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