Rajasthan High Court - Jodhpur
Sher Mohammad @ Sheru vs State Of Rajasthan on 6 December, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
...
S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 1079/2022.
IN
S.B. CRIMINAL APPEAL NO. 1794/2022.
Sher Mohammad @ Sheru S/o Saddik Ahmed Bhisti, Aged About
36 Years, R/o Bhisti Kheda Chittorgarh Rajasthan.
(At Present Lodged At Dist. Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Umesh Kant Vyas.
For Respondent(s) : Mr. Laxman Solanki, PP.
HON'BLE MR. JUSTICE FARJAND ALI
Order
06/12/2022
Heard.
Admit.
Call for record.
Issue notice to the respondent. Learned Public Prosecutor
accepts notice on behalf of State.
Heard learned counsel for the appellant and learned public
prosecutor on application of suspension of sentences.
Learned counsel for the appellant submits that the sentences
awarded to the co-accused persons, namely, Shankar Lal and
(2 of 3) [SOSA-1079/2022]
Shyam Lal have already been suspended by the co-ordinate Bench
of this Court vide order dated 20.10.2022. Learned counsel
submits that the appellant has been acquitted from the charge
under Section 307 of the Indian Penal Code (IPC). It is also
submitted that the appellant has a strong arguable case in his
favour. Learned counsel submits that the appellant was on bail
during the course of trial and one of the co-accused (Hanif) has
passed away. Therefore, learned counsel for the appellant submits
that the sentences awarded to the accused-appellant may be
suspended as the disposal of the appeal will consume time.
Per contra, learned Public Prosecutor has vehemently
opposed the prayer made by the learned counsel for the accused-
appellant.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, this court is of the opinion that it is a fit case for
suspending the sentences awarded to the accused-appellant.
Accordingly, the application for suspension of sentences filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Additional Sessions Judge No. 3,
Chittorgarh vide judgment dated 15.09.2022 in Sessions Case No.
58/2013 against the applicant-appellant Sher Mohammad @
Sheru S/o Saddik Ahmed Bhisti shall remain suspended till
final disposal of the aforesaid appeal and he shall be released on
bail, provided he executes a personal bond in the 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
(3 of 3) [SOSA-1079/2022]
court on 06.01.2023 and whenever ordered 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 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.
(FARJAND ALI),J
186-Mohan/-
Powered by TCPDF (www.tcpdf.org)
