Rajasthan High Court - Jodhpur
Safi Mohammad vs State Of Rajasthan on 18 August, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1287/2022
1. Safi Mohammad S/o Sh. Abdul Gaffur, Aged About 55
Years, B/c Teli Mohammedan, R/o Tilak Nagar, Barmer
(Raj.)
2. Mohammad Salim S/o Sh. Rahamatullah Khan, Aged
About 37 Years, B/c Teli Mohammedan, R/o Teliyo Ka
Baas, Barmer (Raj.)
3. Murad S/o Sh. Sataar Khan, Aged About 60 Years, B/c
Mohammedan, R/o Village Goliyar, Police Station And
Tehsil Chohtan, District Barmer (Raj.)
4. Akram S/o Sh. Anwar Khan, Aged About 48 Years, B/c Teli
Mohammedan, R/o Tilak Nagar, Barmer (Raj.)
5. Irfan Khan S/o Sh. Safi Mohammad, Aged About 31
Years, B/c Teli Mohammedan, R/o Tilak Nagar, Barmer
(Raj.)
6. Allah Noor S/o Sh. Anwar Khan, Aged About 35 Years, B/c
Teli Mohammedan, R/o Tilak Nagar, Barmer (Raj.)
7. Shaukat Khan S/o Sh. Gaffur Khan, Aged About 48 Years,
B/c Teli Mohammedan, R/o Tilak Nagar, Barmer (Raj.)
8. Haji Mohammad S/o Sh. Bhikhon Khan, Aged About 75
Years, B/c Teli Mohammedan, R/o Tilak Nagar, Barmer
(Raj.)
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Pradeep Shah
For Respondent(s) : Ms. Kamla Goswami, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
18/08/2022
Admit.
Call for the record.
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Heard learned counsel for the parties on the application
seeking suspension of sentence no.722/2022.
Counsel for the appellant submits that the sentence of
appellants has already been suspended temporarily for a period of
one month by the learned trial court, thus, prayed to suspend the
sentence.
Learned PP opposed the application.
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 appellants.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to appellant/
s -(1) Safi Mohammad S/o Sh. Abdul Gaffur, (2) Mohammad
Salim S/o Sh. Rahamatullah Khan (3) Murad S/o Sh. Sataar
Khan, (4) Akram S/o Sh. Anwar Khan (5) Irfan Khan S/o
Sh. Safi Mohammad (6) Allah Noor S/o Sh. Anwar Khan (7)
Shaukat Khan S/o Sh. Gaffur Khan and (8) Haji Mohammad
S/o Sh. Bhikhon Khan by the learned Special Judge, SC/ST
(Prevention of Atrocities) Act Cases, Barmer vide judgment dated
20.07.2022 in Sessions Case No.63/2012 (CIS No.917/2014) shall
remain suspended till final disposal of aforesaid appeal provided
each of the appellant 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 learned trial court for their
appearance before this Court on 29.09.2022 and whenever called
upon to do so till the disposal of the appeal on the conditions
indicated below:-
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(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
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.
96-Sanjay/-
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