Iqbal vs State Of Rajasthan (2023:Rj-Jd:41919)
2023 Latest Caselaw 10396 Raj

Rajasthan High Court - Jodhpur

Iqbal vs State Of Rajasthan (2023:Rj-Jd:41919) on 4 December, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:41919]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Appeal (Sb) No. 2497/2023

1.       Iqbal S/o Roshan Khan, Aged About 29 Years, R/o Ward
         No.    05,   Rawatsar,       Tehsil     And      P.s.    Rawatsar,   Dist.
         Hanumangarh
2.       Bablu S/o Roshan Khan, Aged About 33 Years, R/o Ward
         No.    05,   Rawatsar,       Tehsil     And      P.s.    Rawatsar,   Dist.
         Hanumangarh
3.       Anwar S/o Roshan Khan, Aged About 28 Years, R/o Ward
         No.    05,   Rawatsar,       Tehsil     And      P.s.    Rawatsar,   Dist.
         Hanumangarh
4.       Ameer Khan S/o Ramjan, Aged About 27 Years, R/o Ward
         No.    05,   Rawatsar,       Tehsil     And      P.s.    Rawatsar,   Dist.
         Hanumangarh
5.       Rijakat Ali @ Rajjak S/o Yusuf Khan, Aged About 36
         Years, R/o Ward No. 05, Rawatsar, Tehsil And P.s.
         Rawatsar, Dist. Hanumangarh
6.       Liyakat Ali S/o Yusuf Khan, Aged About 43 Years, R/o
         Ward No. 05, Rawatsar, Tehsil And P.s. Rawatsar, Dist.
         Hanumangarh
7.       Shyokat Ali S/o Yusuf Khan, Aged About 38 Years, R/o
         Ward No. 05, Rawatsar, Tehsil And P.s. Rawatsar, Dist.
         Hanumangarh
                                                                    ----Appellants
                                     Versus
1.       State Of Rajasthan, Through Pp
2.       Memuna W/o Veer Singh, R/o Ward No. 02, Rawatsar,
         Dist. Hanumangarh
                                                                  ----Respondents


For Appellant(s)           :     Mr. Teja Ram
For Respondent(s)          :     Mr. Aneesh Bhurat, PP assisted by Mr.
                                 CP Marwan



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

04/12/2023

[2023:RJ-JD:41919] (2 of 3) [CRLAS-2497/2023]

Heard.

Admit.

Call for record.

Learned Public Prosecutor accepts notice on behalf of

respondent No.1-State. Issue notice to respondent No.2,

returnable within a period of eight weeks.

Heard on suspension of sentence application No.1555/2023.

Upon a consideration of the arguments advanced on behalf

of the appellants and having regard to the facts and circumstances

of the case, this Court is of the opinion that it is a fit case for

suspending the sentence awarded to the appellants.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C is allowed and it is ordered that the

sentence passed by the learned Special Judge, SC/ST (Prevention

of Atrocities) Act Cases, Hanumangarh in Sessions Case

No.51/2021 vide judgment dated 20.11.2023 against the

appellants (1) Iqbal S/o Roshan Khan, (2) Bablu S/o Roshan Khan

(3) Anwar S/o Roshan Khan, (4) Ameer Khan S/o Ramjan, (5)

Rijakat Ali @ Rajjak S/o Yusuf Khan, (6) Liyakat Ali S/o Yusuf

Khan & (7) Shyokat Ali S/o Yusuf Khan shall remain suspended till

final disposal of the aforesaid appeal subject to depositing the

50% fine amount as imposed by the learned trial Court, provided

they execute personal bond in the sum of Rs.1,00,000/- each with

two sureties of Rs.50,000/- each to the satisfaction of the learned

trial Judge for their appearance in this court on 05.01.2024 and

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

[2023:RJ-JD:41919] (3 of 3) [CRLAS-2497/2023]

decided.

2. That if the appellants change 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.

4. The appellants shall deposit 50% of fine amount as imposed by the trial court.

The learned trial Court shall keep the record of attendance of

the accused-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-appellants do not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(MANOJ KUMAR GARG),J 3-raksha/-

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