Rajasthan High Court - Jodhpur
Sakir Mohhamad vs State on 12 January, 2022
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. 2nd Suspension Of Sentence (Revision) No. 297/2021
Sakir Mohhamad S/o Shri Peer Mohhamad Ji, Aged About 45
Years, R/o Choudhariyo Ka Bas Pratap Bazar Rani Dist. Pali.
(Presently Lodged At Sub District Jail Bali, District Pali)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr.Ripudaman Singh, Adv. through VC
For Respondent(s) : Mr.Anees Bhurat, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
12/01/2022
This is the second application seeking suspension of
sentence. The first suspension of sentence application was
dismissed by this Court vide order dt. 28.10.2021 with liberty to
file fresh application after the petitioner is surrendered.
Learned counsel for the petitioner submits that now, the
petitioner has surrendered on 08.11.2021 and since then he is in
judicial custody. It is also submitted that the petitioner was on bail
during the course of trial and hearing of the revision will take
sufficient long time, therefore, the sentence awarded to the
appellant may be suspended.
Learned Public Prosecutor has opposed the prayer made by
the petitioner.
(2 of 3) [SOSR-297/2021]
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
substantive sentence awarded to the petitioner.
Accordingly, the application under Section 397(1) Cr.P.C. for
suspension of sentence is allowed and it is ordered that the
substantive sentence passed by the learned Judicial Magistrate,
Desuri, Distt. Pali vide judgment dated 01.10.2018 in Criminal
Case No.123/2009 (CIS No.1282/2014) and affirmed by the
learned Additional Sessions Judge, Desuri Distt. Pali vide judgment
dated 06.10.2021 in Criminal Appeal No.10/2018 against the
accused-petitioner Sakir Mohhamad S/o Peer Mohhamad shall
remain suspended till the final disposal of aforesaid revision
subject to depositing the fine amount. The petitioner shall be
released on bail provided he executes a personal bond in the sum
of Rs.1,00,000/- along with two sureties in the sum of
Rs.50,000/- each to the satisfaction of the learned trial Judge for
his appearance before this court on 14.02.2022 and whenever
ordered to do so till the disposal of the revision 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 petitioner change the place of
residence, he 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
addresses, they will give in writing their
changed address to the trial Court.
4. That the petitioner shall deposit the fine
amount as directed by the trial court.
(3 of 3) [SOSR-297/2021]
The learned trial Court shall keep the record of attendance of
the accused-petitioner in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
petitioner 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
accused-petitioner does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MANOJ KUMAR GARG),J
97-NK/-
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