Mohammad Ujir Ali S/O Hafijoddin @ ... vs State Of Rajasthan
2022 Latest Caselaw 5719 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

        S.B. Criminal Suspension Application No.923/2021

                                        IN

                 S.B. Criminal Appeal No. 1663/2021

Mohammad Ujir Ali S/o Hafijoddin @ Hafiju Rahman, R/o
Bishanpur, Police Station Harishchandpur, District Malda West
Bangal At Present House Of Molana Painter Colony, Shastri
Nagar, Jaipur (Rajasthan) (At Present Accused Appellant In
Judicial Custody At Central Jail, Jaipur)
                                                                       ----Appellant
                                     Versus
State of Rajasthan, through P.P.
                                                                   ----Respondent

For Appellant(s) : Mr. Azad Ahmed, Adv.

For Respondent(s) : Mr. Imran Khan, P.P.

Mr. D.K. Dixit, for the complainant

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

22/08/2022

Learned counsel for the appellant has pointed out from the

judgment and record that the appellant has been falsely

implicated in the present case and he is in judicial custody since

long. Learned counsel for the appellant submits that according to

the impugned judgment, the present petitioner has been convicted

under Section 5/6 of the Protection of Children from Sexual

Offences Act, 2012 and Section 384 IPC.

Learned Public Prosecutor and learned counsel for the

complainant oppose the Suspension of Sentence application.

(2 of 3) [SOSA- 923/2021]

Heard learned counsel for the parties and perused the record

of the case.

Since, the appellant is in custody since long and final

adjudication of the present appeal is likely to take time, without

going into the merits/demerits of the case, this Court deems it

appropriate to grant the suspension of sentence.

Accordingly, the present Suspension of Sentence application

is allowed and it is ordered that the substantive sentence passed

by the trial court vide judgment dated 10.09.2021 in Session Case

No.08/2021 (160/2020) against appellant- Mohammad Ujir Ali

S/o Hafijoddin @ Hafiju Rahman shall remain suspended till

final disposal of the aforesaid appeal provided he 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

his appearance in this Court on 22.09.2022 and whenever ordered

to do so, till the disposal of the appeal on the conditions indicated

below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the appellant changes the place of residence, they will give in writing his 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.

The learned trial Court shall keep the record of attendance of

the accused-appellant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

appellant was tried and convicted. A copy of this order shall also

(3 of 3) [SOSA- 923/2021]

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-appellant does not appear before the trial court, the

learned trial Judge shall report the matter to this Court for

cancellation of bail.

(KULDEEP MATHUR),J

55 - Ravi Khandelwal

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