Rajasthan High Court - Jodhpur
Mohammad Wasim vs State Of Rajasthan on 20 July, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1090/2022
1. Mohammad Wasim S/o Mohammad Hanif, Aged About 22
Years, R/o Shekhon Ki Dhani, Police Station Sadar, District
Pali, Rajasthan.
2. Jamal Khan S/o Shri Shahabuddin, Aged About 25 Years,
R/o Shekhon Ki Dhani, Police Station Sadar, District Pali,
Rajasthan.
3. Ramzan S/o Shri Piru Khan, Aged About 25 Years, R/o
Shekho Ki Dhani, Police Station Sadar, District Pali,
Rajasthan.
4. Aslam S/o Shri Mohammad Sabir, Aged About 22 Years,
R/o Shekhon Ki Dhani, Police Station Sadar, District Pali,
Rajasthan.
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Naresh Khatri.
For Respondent(s) : Mr. Mahipal Bishnoi, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/07/2022
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.617/2022.
Call for the record.
Learned counsel for the appellants submits that the sentence
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(2 of 3) [CRLAS-1090/2022]
has already been suspended by the learned trial court temporarily.
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.
Accordingly, S.B. Suspension of Sentence (Appeal)
No.617/2022 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 04.07.2022 in Sessions Case No.106/2019
against appellants (1) Mohammad Wasim S/o Mohammad
Hanif, (2) Jamal Khan S/o Shri Shahabuddin, (3) Ramzan
S/o Shri Piru Khan and (4) Aslam S/o Shri Mohammad
Sabir shall remain suspended till final disposal of the aforesaid
appeal, provided each of them 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 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.
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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.
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.
4-/Jitender/Nirmala/-
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