Salim vs State Of Rajasthan
2022 Latest Caselaw 8096 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 777/2022

1. Salim S/o Rajjak Khan, Aged About 29 Years, B/c Musalman, R/o Opposite Chirgar Masjid, Kamla Nehru Nagar, Jodhpur.

2. Shakal @ Aladin S/o Rajjak Khan, Aged About 32 Years, B/c Musalman, R/o Opposite Chirgar Masjid, Kamla Nehru Nagar, Plot No. 98, Jodhpur.

3. Kalu @ Salman S/o Shafi Khan, Aged About 31 Years, B/c Musalman, R/o Near Pakija Chakki, Kamla Nehru Nagar, Jodhpur.

4. Najir S/o Barkat Khan, Aged About 30 Years, R/o Kabir Nagar, Police Station Sursagar, Jodhpur.

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

----Respondent

For Appellant(s) : Mr. Bhawani Singh For Respondent(s) : Mr. A.R. Choudhary, PP

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

Order

31/05/2022

Admit.

Call for the record.

Heard learned counsel for the parties on the application

seeking suspension of sentence no.484/2022.

Counsel for the appellant(s) submits that the appellants were

on bail during trial and their sentence has already been suspended

temporarily for a period of one month by the learned trial court

itself, thus, prayed to suspend the sentence.

(2 of 3) [CRLAS-777/2022]

Learned PP opposed the application.

Having considered of the totality of facts and circumstances

of the case, I consider it just and proper to suspend the

substantive sentence awarded to the accused appellants.

Accordingly, this application for suspension of sentences is

allowed and it is directed that the sentences awarded to

appellant/s - (1) Salim S/o Rajjak Khan, (2) Shakal @ Aladin

S/o Rajjak Khan, (3) Kalu @ Salman S/o Shafi Khan and (4)

Najir S/o Barkat Khan, by the learned trial Court vide judgment

dated 21.05.2022 in Sessions Case No.17/2012 (NCV

No.965/2014) shall remain suspended till final disposal of

aforesaid appeal provided each of them execute a personal bond

for a sum of Rs.50,000/- alongwith two solvent sureties in the

sum of Rs.25,000/- each to the satisfaction of learned trial court

for their appearance before this Court on 20.07.2022 and

whenever called upon to do so till the disposal of the appeal on

the conditions inidcated below:-

(1) That he/she/they will appear before the trial court in the month of January of every year till the appeal is decided.

(2) That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/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(s), they will give in writing their changed address(s) to the trial court.

The learned trial court shall keep the record of attendance of

the accused-applicant(s) in a separate file. Such file be registered

as Criminal Misc. Case related to original case in which the

(3 of 3) [CRLAS-777/2022]

accused-applicant(s) was/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-applicant(s) 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), VJ 208-Sanjay/Ishan/-

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