Rajasthan High Court - Jodhpur
Firm Ahmed Ali Kurban Ali vs State Of Rajasthan on 4 June, 2021
Bench: Manoj Kumar Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1284/2018
Firm Ahmed Ali Kurban Ali, Through Partner Joaib Ali S/o Late
Ahmed Ali Bohra, Aged 75 years, Resident Of Jalchakki, Kankroli,
Dist. Rajsamand. At Present 66 Motimagri Scheme, Udaipur. (At
Present Lodged In Dist. Jail, Rajsamand)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Hasti Mal S/o Shankar Lal Chaplot (Jain), R/o Thakurgarh,
National Highway No. 8, Morchana, Teh. And Dist.
Rajsamand.
----Respondents
For Petitioner(s) : Mr. Ravindra Paliwal, Adv. through VC
For Respondent(s) : Mr. AR Choudhary, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG (VACATION
JUDGE)
Judgment / Order
04/06/2021
Heard.
Admit. Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent No.1-State. Issue notice to the respondents No.2. Rule
is made returnable within six weeks.
Heard on application for suspension of sentence
No.316/2018.
Upon a consideration of the arguments advanced on behalf
of the petitioner and having regard to the facts and circumstances
of the case including the fact that the petitioner is behind the bar
since 05.04.2021, this court is of the opinion that it is a fit case
(2 of 3) [CRLR-1284/2018]
for suspending the substantive sentence awarded to the accused
petitioner.
Accordingly, the application for suspension of sentence is
allowed and it is ordered that the substantive sentences passed by
the learned Chief Judicial Magistrate, Rajsamand in Criminal Case
No.462/2011 (95/2008) vide order dated 15.09.2012 as affirmed
by the learned Addl. Sessions Judge, Rajsamand vide order dated
15.09.2017 in Cr. Appeal No.115/2013 against the petitioner-
applicant Joaib Ali S/o Late Ahmed Ali Bohra shall remain
suspended, till final disposal of the aforesaid revision and he shall
be released on bail, subject to deposit 50% of the cheque amount
before the trial Court which shall be disbursed immediately to the
respondent-complainant, provided he executes a personal bond in
the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each of
to the satisfaction of the learned trial Judge for his appearance in
this court on 12.07.2021 and whenever ordered to do so till the
disposal of the revision 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.Petitioner shall deposit 50% of the cheque
amount before the trial Court which shall be
disbursed immediately to the respondent-
complainant.
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
(3 of 3) [CRLR-1284/2018]
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), VJ
74-MS/-
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