Khan @ Mohd. Madho @ Mohammed Ali ... vs State Of Rajasthan
2022 Latest Caselaw 8094 Raj

(1 of 3) [SOSA-442/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 442/2022

Khan @ Mohd. Madho @ Mohammed Ali Ahmed S/o Sh. Mohd. Allaudin, Aged About 29 Years, B/c Muslim R/o Chakla Laxmipur Sadar Police Station, Meghpura Bihar (Lodged In Central Jail Bikaner)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Manoj Kumar Pareek For Respondent(s) : Mr. Shravan Kumar Bishnoi, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI (VACATION JUDGE)

Order

30/05/2022

Learned counsel for the applicant-appellant submits that the

appellant has undergone eight years' and eight months' sentence.

He, therefore, prays that the sentence of the applicant-appellant

be suspended during pendency of the appeal.

Learned Public Prosecutor has opposed the application.

Heard learned counsel for the parties and perused the

material available on record.

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, the present suspension of sentence application

filed under Section 389 Cr.P.C. is allowed and it is ordered that the

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substantive sentence passed by the trial court vide judgment

dated 13.07.2018 in Sessions Case No.43/2014 against applicant-

appellant Khan @ Mohd. Madho @ Mohammed Ali Ahmed S/o

Sh. Mohd. Allaudin 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 04.07.2022 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

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

accused-appellant does not appear before the trial court, the

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learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(DR.PUSHPENDRA SINGH BHATI), VJ 169-Ramesh/jitender-

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