Dilbar Khan vs State Of Rajasthan
2022 Latest Caselaw 3771 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 226/2022

Dilbar Khan S/o Mohammad Ibrahim, Aged About 27 Years, B/c Musalman, R/o Pabusar Dasaniya, Ps Shergarh, Dist. Jodhpur.

----Appellant Versus State Of Rajasthan

----Respondent

For Appellant(s) : Mr. Himanshu Trivedi For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

10/03/2022

In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

Admit.

Issue notice.

Learned Public Prosecutor accepts notice on behalf of the

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.181/2022.

Learned counsel for the appellant submits that the sentence

awarded to the appellant is of two years has already been

suspended by the learned court below temporarily.

(2 of 3) [CRLAS-226/2022]

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 appellant.

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

181/2022 filed under Sec.389 Cr.P.C. is allowed and it is ordered

that the substantive sentence passed by the trial court vide

judgment dated 09.02.2022 in Sessions Case No.181/2016

against appellant Dilbar Khan S/o Mohammand Ibrahim shall

remain suspended till final disposal of the aforesaid appeal,

provided he executes a personal bond in the 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 11.04.2022

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, he 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

(3 of 3) [CRLAS-226/2022]

pendency and disposal of cases in the trial court. In case the said

accused-appellant does 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

173-Zeeshan

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