Rajasthan High Court - Jodhpur
Noor Mohammad vs State Of Rajasthan on 11 July, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-783/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 783/2022
1. Noor Mohammad S/o Chotu Khan, Aged About 60 Years,
R/o Koliyari, Police Station - Phalasiya, District Udaipur
(Rajasthan) (Presently Lodged In Central Jail, Udaipur)
2. Mohan Lal S/o Nana Lal Gameti, Aged About 40 Years, R/
o Kankarmala, Police Station - Ogana, District Udaipur
(Rajasthan) (Presently Lodged In Central Jail, Udaipur)
3. Kevla S/o Rupa Gameti, Aged About 45 Years, R/o
Jhanjhar, Police Station - Ogana, District Udaipur
(Rajasthan) (Presently Lodged In Central Jail, Udaipur)
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Rajendra Singh Rathore
For Respondent(s) : Mr. SS Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/07/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
respondent -State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.488/2022.
Learned Public Prosecutor has opposed the application.
Having considered the totality of facts and circumstances of
the case, this Court considers it just and proper to suspend the
substantive sentence awarded to the accused applicant-appellant.
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Accordingly, S.B. Suspension of Sentence (Appeal)
No.488/2022 filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the trial court
vide judgment dated 11.05.2022 in Sessions Case No. 9/2017
(CIS No.164/2017) against appellants (1) Noor Mohammad S/
o Chotu Khan, (2) Mohan Lal S/o Nana Lal Gameti & (3)
Kevla S/o Rupa Gameti shall remain suspended till final disposal
of the aforesaid appeal, provided each of them 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
their appearance in this Court on 16.08.2022 and whenever
ordered to do so, till the disposal of the appeal on the conditions
indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellants changes the place of
residence, they will give in writing 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,
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-appellants in a separate file. Such file be registered
as Criminal misc. Case related to original case in which the
accused-appellants were tried and convicted. A copy of this order
shall also be placed in that file for ready reference. Criminal Misc.
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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 appellants 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.
164-Sudheer/-
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