Mohd. Altaf vs State Of Rajasthan
2022 Latest Caselaw 11240 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Appeal No. 1252/2022

Mohd. Altaf S/o Aas Mohammad, Aged About 28 Years, R/o
Basedi Uprahar Ps Kaushambi U.p. Presently Residing At C/o Shri
Babu Khan Son Of Shri Mehru Khan Plot No. 127 Shiv Nagar
Mahadev Schools Street Mandiya Road Ps Kotwali Dist. Pali Raj.
(At Present Lodged At Central Jail Jodhpur)
                                                                    ----Appellant
                                   Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Appellant(s)         :     Mr. Moti Singh
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

08/09/2022
     Admit.

     Heard learned counsel for the parties on S.B. Suspension

of Sentence (Appeal) No.695/2022.

     Learned counsel for the appellant has taken this Court to the

statements of Victim-K (PW-4), Victim-A (PW-5), Victim-N (PW-

15), and Victim-L (PW-16). Learned counsel for the appellant

further submits that victims have not supported the story of the

prosecution. It is also contended that the appellant is in custody

since about more than seven months.

     Learned   Public    Prosecutor         opposes         the   suspension   of

sentence application on the ground that child labour is an

extremely sensitive and serious issue in State of Rajasthan and




                    (Downloaded on 09/09/2022 at 09:14:26 PM)
                                          (2 of 3)                      [CRLAS-1252/2022]


Hon'ble Apex Court has also come down heavily upon the law and

order situation pertaining to child labour in Rajasthan.

       This   Court,    ordinarily       would       not      have     suspended     the

sentence, but looking into the statements of victims and also the

fact that the accused has undergone seven months of custody,

deems it just and proper to suspend the substantive sentence

awarded to the accused applicant-appellant.

       Accordingly,       Suspension                of        Sentence        (Appeal)

NO.695/2022 filed under Section 374 Cr.P.C. is allowed and it is

ordered that the substantive sentence passed by the trial court

vide   judgment        dated     30.07.2022              in   Sessions      Case   (CIS)

No.40/2020       against        appellant-          Mohd.           Altaf    S/o    Aas

Mohammad shall remain suspended till final disposal of the

aforesaid appeal, provided he 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 his appearance in this

Court on 11.10.2022 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, they 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.

       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-


                        (Downloaded on 09/09/2022 at 09:14:26 PM)
                                                                             (3 of 3)                   [CRLAS-1252/2022]



                                   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 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.

203-Sudheer/-

Powered by TCPDF (www.tcpdf.org)