Rajasthan High Court - Jodhpur
Nihal Khan vs State Of Rajasthan on 19 July, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-1069/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1069/2022
1. Nihal Khan S/o Ali Khan, Aged About 32 Years, R/o
Ishaniyo Ki Basti Kuchdi Ps Ramgarh Dist. Jaisalmer
2. Lale Khan S/o Ali Khan, Aged About 37 Years, R/o
Ishaniyo Ki Basti Kuchdi Ps Ramgarh Dist. Jaisalmer
----Appellants
Versus
State Of Rajasthan, Through The Pp
----Respondent
For Appellant(s) : Mr. Ranjeet Singh
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
19/07/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent-State. Hence, notice need not be issued.
Call for the record.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.605/2022.
Learned counsel for the appellants submits that the sentence
of the appellants has already been suspended by the learned trial
court temporarily.
Learned Public Prosecutor opposes the suspension of
sentence application.
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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-appellants.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
605/2022 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 06.07.2022 in Criminal Case No.126/2015
against appellants - (1) Nihal Khan S/o Ali Khan & (2) Lale
Khan S/o Ali Khan shall remain suspended till final disposal of
the aforesaid appeal, provided they execute 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 22.08.2022 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 change 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-
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(3 of 3) [CRLAS-1069/2022]
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 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.
12-Sudheer/-
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