Rajasthan High Court - Jodhpur
Jakir Hussain vs State Of Rajasthan on 17 October, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1113/2022
Jakir Hussain S/o Khaju Khan, Aged About 30 Years, R/o Sanjay
Basti, Naya Talab, Nagori Gate, Jodhpur (Raj.) (At Present
Lodged At Central Jail, Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Naresh Kumar S/o Shankar Lal, B/c Sargara, R/o Sargara
Colony, Ship House, Gali No. 2, Nagori Gate, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Gokulesh Bohra.
For Respondent(s) : Mr. Mukhtiyar Khan, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
17/10/2022
Admit.
Issue notice to the respondent No.1 only, as the learned
Public Prosecutor accepts notice on behalf of respondent No.2-
State.
Heard learned counsel for the petitioner and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
No.366/2022.
For the reasons mentioned in the application (IA
No.01/2022) filed under Section 5 of the Limitation Act, the delay
is condoned.
Learned counsel for the petitioner submits that the petitioner
is in custody since 23.08.2022.
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Learned Public Prosecutor opposes the suspension of
sentence application.
I have considered the rival arguments advanced by the
parties and perused the judgments of the courts below.
Looking to the facts and circumstances of the case and the
short sentence awarded by the learned trial court, this Court
deems it just and proper to suspend the sentence awarded to the
accused petitioner.
Accordingly, S.B. Suspension of Sentence (Revision)
No.366/2022 filed under Section 397(1) Cr.P.C. is allowed and it
is ordered that the sentence passed by the learned Additional
Chief Metropolitan Magistrate No.3, Jodhpur Metro in Criminal
Case No.69/2013 NCV No.35637/2014 vide order dated
07.08.2018 as affirmed by the learned Additional Sessions Judge
No.5, Jodhpur Metro vide order dated 29.066.2019 in Criminal
Appeal No.385/2018 (NCV No.385/2018) against the petitioner
Jakir Hussain S/o Khaju Khan shall remain suspended till final
disposal of the aforesaid revision and he shall be released on bail,
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
18.11.2022 and whenever ordered to do so, till the disposal of
the revision on the conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the revision is
decided.
2. That if the petitioner changes the place of
residence, he will give in writing his changed
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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-petitioner in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
petitioner 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-petitioner 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.
125-/Jitender//-
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