Mohd. Rafiq vs State Of Rajasthan
2022 Latest Caselaw 9781 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                S.B. Criminal Appeal No. 1150/2022

Mohd. Rafiq S/o Shri Bahadar Khan, Aged About 35 Years, B/c
Musalman, R/o Ward No. 1, Lakhuwali, Hanumangarh Town,
District Hanumangarh (Rajasthan) (At Present Not Confined In
Any Jail As Sentence Has Been Suspended)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Appellant(s)          :     Mr. R.K. Bohra, on VC.
For Respondent(s)         :     Mr. Gaurav Singh, PP.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

26/07/2022

     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.644/2022.

     Learned counsel for the appellant submits that the sentence

awarded to the accused-appellant has already been suspended by

the learned trial court temporarily.

     Learned    Public    Prosecutor         opposes         the   suspension   of

sentence application.

     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-appellant.

                     (Downloaded on 26/07/2022 at 09:00:09 PM)
                                                                              (2 of 2)                   [CRLAS-1150/2022]


                                         Accordingly, S.B. Suspension of Sentence (Appeal) No.

                                   644/2022 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 Session Case No.101/2017

                                   (CIS No.101/2017) against appellant- Mohd. Rafiq S/o Shri

                                   Bahadar Khan shall remain suspended till final disposal of the

                                   aforesaid appeal, provided he 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 his appearance in this

                                   Court on 26.08.2022 and whenever ordered to do so, till the

                                   disposal of the appeal 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 appellant changes 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-

                                   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.

178-Jitender/Nirmala-

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