Rajasthan High Court - Jodhpur
Mohammed Ali vs State Of Rajasthan on 7 April, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-341/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 341/2022
1. Mohammed Ali S/o Asgar Ali, Aged About 33 Years, R/o
Kikarwali, Police Station Sangariya, District
Hanumangarh.
2. Suba Sadak S/o Sher Mohammed, Aged About 44 Years,
R/o Dhani, Chak 9 Mmk Rohi, Kikarwali, Police Station
Sangariya, District Hanumangarh.
3. Insaf Ali @ Istaf Ali S/o Saheed Khan, Aged About 33
Years, R/o Dhani, Chak 3 Mmk Rohi Nava Tehsil And
District Hanumangarh.
----Appellants
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. Abhishek Charan
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
07/04/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, for the safety of
all concerned.
Admit.
Call for the record.
Heard learned counsel for the appellant and the learned
Public Prosecutor on S.B. Suspension of Sentence (Appeal)
No.252/2022.
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(2 of 3) [CRLAS-341/2022]
Learned counsel for the appellants submits that the learned
trial court has already suspended the sentence of the appellants.
Learned Public Prosecutor opposes the suspension of
sentence application.
Having considered the totality of facts and circumstances of
the case, this Court considers it just and proper to suspend the
substantive sentence awarded to the accused applicant-appellants.
Accordingly, S.B. Suspension of Sentence (Appeal)
No.252/2022 filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the trial court
vide judgment dated 21.03.2022 in Sessions Case No. 21/2016
(CIS No.169/2014) appellants (1) Mohammed Ali S/o Asgar
Ali, (2) Suba Sadak S/o Sher Mohammed and (3) Insaf Ali @
Istaf Ali S/o Saheed Khan shall remain suspended till final
disposal of the aforesaid appeal, provided each of them executes a
personal bond in a sum of Rs.50,000/- with two sureties of
Rs.25,000/- each to the satisfaction of the learned trial Judge for
their appearance in this court on 07.05.2022 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 changes 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 address,
they will give in writing their changed address to
the trial Court.
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(3 of 3) [CRLAS-341/2022]
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 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 appellants do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
149-Zeeshan
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