Rajasthan High Court - Jodhpur
Najir vs State Of Rajasthan on 21 October, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc 2nd Suspension Of Sentence Application
(Appeal) No. 1022/2022
Najir S/o Barkat Khan, Aged About 30 Years, R/o Kabir Nagar,
Police Station Sursagar, Jodhpur. (At Present Lodged In Central
Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Arpit Samaria
For Respondent(s) : Mr. Arun Kumar, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
21/10/2022
Learned counsel for the applicant-appellant submits that vide
order dated 31.05.2022 passed by this Court in Suspension of
Sentence Application No.484/2022, the sentence awarded to the
present accused applicant-appellant alongwith others was
suspended. Learned counsel for the applicant-appellant, however,
submits that on account of failure on the part of the present
applicant-appellant in submitting the requisite bail bonds, the
relief in regard to his suspension of sentence could not be availed
by him. Learned counsel, thus, submits that in these
circumstances, the present second Suspension of Sentence
Application has been preferred.
The aforementioned order dated 31.05.2022 is reproduced
as under:-
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" 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.
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 accused-
applicant(s) was/were tried and convicted. A copy of
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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."
Learned Public Prosecutor opposes the application.
Having considered the totality of facts and circumstances of
the case and keeping in mind the aforequoted order, this Court
considers it just and proper to suspend the substantive sentence
awarded to the accused applicant-appellant.
Accordingly, the present second 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 21.05.2022 in Sessions Case No.17/2012 (NCV
No.965/2014) against applicant-appellant Najir S/o Barkat
Khan 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 24.11.2022 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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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.
244-/Jitender//-
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