Manjoor Ali vs State Of Rajasthan
2022 Latest Caselaw 9416 Raj

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      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Appeal No. 1025/2022

1.      Manjoor Ali S/o Mohammad Hanif, Aged About 68 Years,
        R/o Sub-Station Area Palvancha Dist. Khammm A.p. (The
        Then    Mukhya          Aarakshak          399    Ps       Mulkalpalli     Circle
        Palvancha Dist. Khammm A.p.) Presently Lodged In
        Bikaner Jail
2.      Anil Kumar S/o Prakasham, Aged About 55 Years, R/o
        Kothagudem Dist. Khammm A.p. (Then Aarakshak 2216
        Ps Thana Palvancha Dist. Khammm A.p.) Presently
        Lodged In Bikaner Jail
3.      Ramchand        S/o     Ramlu,        Aged       About       64   Years,     R/o
        Palvancha Babuji Nagar Distt. Khammm A.p. Presently
        Lodged In Bikaner Jail
4.      K. Laxma Redi S/o Sattir Redi, Aged About 48 Years, R/o
        New Palvancha Dist. Khammm A.p. Director Sai Academy
        New Palvancha Dist. Khammm A.p. Presently Lodged In
        Bikaner Jail
                                                                       ----Appellants
                                      Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent


For Appellant(s)            :     Mr. MS Purohit with
                                  Mr. Amit Kumar Purohit
For Respondent(s)           :     Mr. Gaurav Singh,PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                       Order

19/07/2022
     Heard learned counsel for the parties on S.B. Suspension

of Sentence (Appeal) No.583/2022.

     Learned counsel for the appellants submits that all the

accused persons have completed about one month & eight days of

custody in totality.


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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 appellants.

     Accordingly,     S.B.     Suspension            of    Sentence     (Appeal)

No.583/2022 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 30.06.2022 in Sessions Case No. 21/2012

(CIS No.537/2014) against appellants (1) Manjoor Ali S/o

Mohammad Hanif (2) Anil Kumar S/o Prakasham (3)

Ramchand S/o Ramlu (4) K. Laxma Redi S/o Sattir Redi

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 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 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

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                                   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.

                                   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.

                                         The custody report produced by learned Public Prosecutor is

                                   taken on record.


                                                                      (DR.PUSHPENDRA SINGH BHATI), J.

79-/Jitender/Nirmala/-

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