Iqbal vs State Of Rajasthan
2021 Latest Caselaw 9431 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 257/2021

Iqbal S/o Sumar Kha, Aged About 28 Years, B/c Muslim, R/o Pagiyo Ki Dhani Police Station Phalodi Dist. Jodhpur. (Presently Lodged At Sub Jail, Abu Road, Dist. Sirohi).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Sikander Khan through V.C. For Respondent(s) : Mr. Laxman Solanki, P.P.

HON'BLE MR. JUSTICE ARUN BHANSALI Order 12/05/2021

Heard learned counsel for the parties.

Admit. Issue notice.

Learned Public Prosecutor accepts notice on behalf of the

State. Hence, notice need not be issued.

Heard on application for suspension of sentence.

I have considered the rival arguments advanced by the

parties and perused the judgments of the courts below.

Looking to the facts and circumstances of the case and the

sentence awarded by the learned trial court, I consider it just and

proper to suspend the sentence awarded to the accused petitioner.

Accordingly, S.B. Suspension of Sentence (Revision)

No.90/2021 filed under Section 397(1) Cr.P.C. is allowed and it is

ordered that the sentence passed by the learned Additional Chief

Judicial Magistrate, Abu Raod, District - Sirohi in Criminal Case

No.300/2003 vide order dated 24.02.2011 as affirmed by the

learned learned Additional Sessions Judge No.2, Abu Road, District

(2 of 2) [CRLR-257/2021]

- Sirohi in Criminal Appeal No.45/2018 (02/11) (CIS No. 46/14)

vide order dated 15.01.2019 against the petitioner - Iqbal S/o

Sumar Kha, shall remain suspended till final disposal of the

aforesaid revision and he shall be released on bail, provided he

executes a personal bond in the sum of Rs.1,00,000/- each with

two sureties of Rs.50,000/- each to the satisfaction of the trial

court for his appearance along with following conditions:-

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

2. That if the petitioner change 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, 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-petitioner in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

petitioner 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-petitioner doesn't appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(ARUN BHANSALI),J 41-PKS/-

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