Rajasthan High Court - Jodhpur
Samde Kha vs State Of Rajasthan on 21 October, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-1389/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1389/2022
1. Samde Kha S/o Mube Kha, Aged About 42 Years, B/c
Musalman R/o Madpura Simrikhiya Thana Pachpadra Dist.
Barmer (At Present Lodged In Central Jail Jodhpur)
2. Barkat @ Bargad S/o Jale Kha, Aged About 34 Years, B/c
Musalman R/o Revada Mahiyan Ps Pachpadra Dist.
Barmer (At Present Lodged In Central Jail Jodhpur)
3. Fateh Kha S/o Jameen Kha, Aged About 45 Years, B/c
Musalman R/o Revada Mahiyan Ps Pachpadra Dist.
Barmer (At Present Lodged In Central Jail Jodhpur)
4. Haneef Kha S/o Jale Kha, Aged About 44 Years, B/c
Musalman R/o Revada Mahiyan Ps Pachpadra Dist.
Barmer (At Present Lodged In Central Jail Jodhpur)
5. Hasam Kha @ Kalu Khan S/o Ali Kha, Aged About 37
Years, B/c Musalman R/o Nayapura Badnava Jageer Ps
Pachpadra Dist. Barmer (At Present Lodged In Central Jail
Jodhpur)
6. Sheru Kha S/o Haji Kha, Aged About 42 Years, B/c
Musalman R/o Revada Mahiya Ps Pachpadra Dist. Barmer
(At Present Lodged In Central Jail Jodhpur)
7. Misre Kha S/o Khivre Khan, Aged About 40 Years, B/c
Musalman R/o Nayapura Badnava Jageer Ps Pachpadra
Dist. Barmer (At Present Lodged In Central Jail Jodhpur)
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Mahaveer Singh.
For Respondent(s) : Mr. Arun Kumar, PP a/w
Mr. Avinash Godara.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
21/10/2022
Admit.
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Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
respondent -State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.805/2022.
Learned counsel for the applicant-appellants has
demonstrated that there is an over-implication in this case.
Learned counsel for the applicant-appellants further demonstrated
from the statement of the eye-witness PW-13 that there are no
specific allegations and also the manner in which the incident has
been narrated is very generalized.
Learned Public Prosecutor opposes the submissions.
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 applicant-appellants.
Accordingly, S.B. Suspension of Sentence (Appeal) filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the trial court vide judgment
dated 01.09.2022 in Sessions Case No. 81/2017 (NCV
No.81/2017) against applicant-appellants (1) Samde Kha S/o
Mube Kha, (2) Barkat @ Bargad S/o Jale Kha, (3) Fateh Kha
S/o Jameen Kha, (4) Haneef Kha S/o Jale Kha, (5) Hasam
Kha @ Kalu Khan S/o Ali Kha, (6) Sheru Kha S/o Haji Kha
and (7) Misre Kha S/o Khivre Khan shall remain suspended till
final disposal of the aforesaid appeal, provided each of them
executes a personal bond in a sum of Rs.50,000/- with two
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for their appearance in this Court on 24.11.2022 and
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whenever ordered to do so, till the disposal of the appeal on the
conditions indicated below:-
1. That 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-appellants changes the place
of residence, they will give in writing 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,
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-applicant-appellants in a separate file. Such file be
registered as Criminal misc. Case related to original case in which
the accused-appellants 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-appellants do 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.
2-/Jitender//-
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