Aziz Khan vs State
2021 Latest Caselaw 16486 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1016/2021

Aziz Khan S/o Sabir Khan, Aged About 35 Years, resident of Chobeja Ka Kanthariya, P.s. Bhadesar, Dist. Chittorgarh.

----Appellant Versus State, Through Pp

----Respondent

For Appellant(s) : Mr. Ram Singh Rawal. For Respondent(s) : Mr. M.S. Bhati, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG Judgment / Order

28/10/2021

Heard.

Admit. Call for record.

Learned Public Prosecutor accepts notice on behalf of

respondent-State.

Heard on application for suspension of sentence No.

691/2021.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case, this Court is of the opinion that it is a fit case for

suspending the substantive sentence awarded to the accused

appellant.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the substantive sentence passed by

the learned Special Judge, SC/ST (Prevention of Atrocities) Act

Cases, Chittorgarh in Sessions Case No.44/2019 vide judgment

dated 06.10.2021 against the appellant-applicant Aziz Khan S/o

(2 of 2) [CRLAS-1016/2021]

Sabir Khan, shall remain suspended till final disposal of the

aforesaid appeal and he shall be released on bail subject to

deposit the fine amount as imposed by the learned trial Court,

provided he 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 his appearance in this court on 29.11.2021

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

248-prashant/-

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