Rajasthan High Court - Jodhpur
Anwar Husain vs State Of Rajasthan on 14 October, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc IIIrd Suspension Of Sentence Application
(Appeal) No. 810/2022
Anwar Husain S/o Shri Babu Shah, Aged About 33 Years, B/c
Muslim, R/o Mandawar Near Mosque, P.s. Taal, District Ratlam,
M.p. (At Present Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kalu Ram Bhati.
For Respondent(s) : Mr. Abhishek Purohit, AGA.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
14/10/2022
Learned counsel for the appellant has drawn attention of this
Court towards the statement of PW-6 i.e. Chunni Lal, who was the
owner of Jaideep Hotel where the appellant stayed with the
prosecutrix as husband and wife.
Learned counsel for the appellant submits that though the
allegations are there but there are some kind of consent in the
matter. Learned counsel further submits that the appellant has
already undergone a custody of five years and six days as on
12.10.2022.
Learned counsel for the appellant makes a statement at Bar
that there are no previous criminal antecedents against the
present appellant. The reason given by the learned counsel for the
appellant for the third suspension of sentence application is that
the appellant has undergone more than half of the sentence.
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(2 of 3) [SOSA-810/2022]
Learned Public Prosecutor has opposed the application.
Having considered the totality of facts and circumstances of
the case and on conjoint consideration of the submissions made
by the learned counsel for the appellant, 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 Sec.389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the trial court vide judgment
dated 28.11.2019 in Sessions Case No.125/2018 against
applicant-appellant Anwar Husain S/o Shri Babu Shah Lal 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 16.11.2022
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.
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(3 of 3) [SOSA-810/2022]
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
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
167-/Jitender//-
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