Rajasthan High Court - Jodhpur
Mohammad Ishmaile vs State Of Rajasthan on 1 December, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1638/2022
Mohammad Ishmaile S/o Mohammad Yakub, Aged About 29
Years, R/o Ward No. 11, Gandhi Basti, Purani Abadi, Sri
Ganganagar. (At Present Lodged At Central Jail, Sriganganagar)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Kuldeep Sharma
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
01/12/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent -State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.984/2022.
Learned counsel for the applicant-appellant has shown the
custody certificate of the appellant, which reflects that the
applicant-appellant has undergone a custody of 07 years 01
month 28 days.
Learned counsel for the applicant-appellant has shown the
following judgments passed by this Court:-
• Kamlesh @ Komal Garg Vs. State of Rajasthan; (S.B.
Criminal Misc. Third Suspension of Sentence Application
No.467/2020 decided on 08.01.2021.
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• Nirmal Singh S/o Jarnel Singh Vs. State of Rajasthan;
(S.B. Cr. Misc. Fifth Suspension of Sentence Application
(Appeal) No.816/2019 decided on 25.08.2020.
• Pawan Singh @ Shyamlal Sharma Vs. State of
Rajasthan; (S.B. Crl. Misc. Third Suspension of Sentence
Application (Appeal) No. 23/2021, decided on 28.01.2021
and;
• Champa Ram Vs. State of Rajasthan; (S.B. Suspension of
Sentence Application (Appeal) No.517/2018 decided on
06.07.2018.
Learned counsel for the applicant-appellant has relied upon
the judgment of Hon'ble Apex Court in the case of Thana Singh
Vs. Central Bureau of Narcotics reported in (2013) 2 SCC as
well as Mayuresh Nandkumar Purohit Vs. Kaushik Manna &
Anr., reported in 2018 Cr. L.R. (SC) 251, in which the Hon'ble
Court has released the appellant on completion of custody of 08
years in NDPS cases.
Learned Public Prosecutor though opposes the suspension of
sentence application, but is unable to refute the aforesaid factual
matrix.
Having considered the totality of facts and circumstances of
the case, this Court deems it just and proper to suspend the
substantive sentence awarded to the accused applicant-appellant.
Accordingly, S.B. Suspension of Sentence (Appeal) filed
under Section 374(2) Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the trial court vide judgment
dated 14.09.2022 in Sessions Case No.24/2015 (CIS
No.163/2015) against applicant-appellant - Mohammad
Ishmaile S/o Mohammad Yakub shall remain suspended till
final disposal of the aforesaid appeal, provided he executes a
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personal bond in a sum of Rs.1,00,000/- with two sureties of
Rs.50,000/- each to the satisfaction of the learned trial Judge for
his appearance in this Court on 02.01.2023 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-applicant-appellant in a separate file. Such file be
registered as Criminal misc. Case related to original case in which
the accused-applicant-appellant was 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-appellant 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.
4-/Jitender//-
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