Hedar Ali vs State Of Rajasthan
2021 Latest Caselaw 6205 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 147/2021

1. Hedar Ali S/o Raju Khan, Aged About 30 Years, R/o Gali No. 10, Baldev Nagar, Masuriya, P.S. Pratap Nagar, Jodhpur.

2. Imran @ Saif Ali S/o Raju Khan, aged about 26 yers, resident of Gali No.10, Baldev Nagar, Masuriya, P.S. Pratap Nagar, Jodhpur.

3. Mohsin @ Nar Singh S/o Raju Khan, aged about 24 years, resident of Gali No.10, Baldev Nagar, Masuriya, P.S. Pratap Nagar, Jodhpur.

(Appellants are at Present Lodged In Central Jail, Jodhpur (Raj.)).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Hadmat Singh S/o Narayan Singh, by caste Rajput, r/o Baldev Nagar, Masuriya, Police Thana Pratap Nagar, Jodhpur.

----Respondent

For Petitioner(s) : Mr.Ashvini Kumar Swami, Adv. For Respondent(s) : Mr.Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

02/03/2021

Heard learned counsel for the appellants and learned Public

Prosecutor and perused the record of the case.

Having considered the totality of facts and circumstances of

the case and keeping in view the fact that the appellant was on

bail during trial, I consider it just and proper to suspend the

substantive sentence awarded to the accused appellant.

(2 of 3) [SOSA-147/2021]

Accordingly, the bail application filed by the appellants under

Sec.389 Cr.P.C. is allowed and it is ordered that the substantive

sentence passed by the learned Additional Sessions Judge No.7,

Jodhpur Metropolitan vide judgment dated 29.01.2021 in Sessions

Case No.15/2019 (NCB No.221/2017) against the accused-

appellants (1) Hedar Ali S/o Raju Khan, (2) Imran @ Saif Ali S/o

Raju Khan and (3) Mohsin @ Nar Singh S/o Raju Khan shall

remain suspended till final disposal of the aforesaid appeal subject

to depositing the fine amount. The appellants shall be released on

bail provided each of them 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 learned trial Judge for their appearance before

this court on 04.04.2021 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

1. That they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the appellants change the place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

4. That the appellants shall deposit the fine amount as directed by the trial court.

The learned trial Court shall keep the record of attendance of

the accused-appellants in a separate file. Such file be registered

as Criminal Misc. Case related to original case in which the

accused-appellants was tried and convicted. A copy of this order

shall also be placed in that file for ready reference. Criminal Misc.

(3 of 3) [SOSA-147/2021]

file shall not be taken into account for statistical purpose relating

to pendency and disposal of cases in the trial court. In case the

accused-appellants does not 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

157-NK/-

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