Rajasthan High Court - Jodhpur
Mohd.Rafique vs State Of Rajasthan on 26 August, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Second Suspension Of Sentence Application
(Appeal) No. 697/2022
Mohd.rafique S/o Shri Mohd. Iqbal, Aged About 32 Years, R/o
Gulzarnagar, P.s. Khothwali, District Bhilwara. (At Present Lodged
In Central Jail, Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kaluram Bhati
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
26/08/2022
Admit.
Record has already been received.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.697/2022.
Counsel for the appellant submits that on factual matrix he
has a good case. The appellant has already served sentence of 05
years, 01 month and 13 days as on 25.8.2022, out of the total
seven years sentence awarded.
Counsel for the appellant further undertakes that except for
one incident of non-compliance of parole conditions, there is no
other criminal case against the present appellant, thus, prayed to
suspend the sentence.
Learned PP opposed the application.
(2 of 3) [SOSA-697/2022]
On conjoint consideration of the total custody period
undergone as well as in the given facts and circumstance, this
Court deems it a fit case to suspend the sentence.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to appellant/
s - Mohd.rafique S/o Shri Mohd. Iqbal by the learned ADJ
(F.T.) Bhilwara vide judgment dated 04.11.2006 in Sessions Case
No.47/2006 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 learned trial court for his
appearance before this Court on 29.09.2022 and whenever called
upon to do so till the disposal of the appeal on the conditions
inidcated 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
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
(3 of 3) [SOSA-697/2022]
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
112-Sanjay/-
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