Sawan Khan @ Jafer @ Jaferi vs State Of Rajasthan
2022 Latest Caselaw 5535 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                S.B. Criminal Appeal No. 387/2022

Sawan Khan @ Jafer @ Jaferi S/o Sardar Ali, Aged About 40
Years, Vill. Kikrwal, P.s. Sangriya, Dist. Hanumangarh (Raj.).
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Appellant(s)         :     Mr. Kulvinder Singh Gill
For Respondent(s)        :     Mr. SS Rajpurohit, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

13/04/2022
     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 the Court, for the safety

of all concerned.

     Admit.

     Issue notice. Call for the record.

     Heard learned counsel for the parties on the application

seeking suspension of sentence No.291/2022.

     Counsel for the appellant submits that the appellant was

on bail during trial. His sentence has already been suspended

temporarily by the learned court below, thus, prayed to suspend

the sentence.

     Learned PP opposed the application.




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     Having considered of the totality of facts and circumstances

of the case, I consider it just and proper to suspend the

substantive sentence awarded to the accused appellant.


     Accordingly, this application for suspension of sentences is

allowed and it is directed that the sentences awarded to appellant/

s - Sawan Khan @ Jafer @ Jaferi S/o Sardar Ali by the

learned Additional Sessions Judge No.1, Hanumangarh vide

judgment dated      21.06.2022 in Sessions Case No.21/2016 (CIS

No.169/2014)     shall   remain       suspended         till    final   disposal   of

aforesaid appeal provided he executes a personal bond for a sum

of Rs.50,000/- alongwith two solvent sureties in the sum of

Rs.25,000/- each to the satisfaction of the learned trial court for

his appearance before this Court on 26.05.2022 and whenever

called upon 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(s) to the 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



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                                   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.


                                                                (DR.PUSHPENDRA SINGH BHATI), J.

129-Sanjay/-

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