Mohammed Mustak @ Gorkha vs State Of Rajasthan (2023:Rj-Jd:43693)
2023 Latest Caselaw 10697 Raj

Rajasthan High Court - Jodhpur

Mohammed Mustak @ Gorkha vs State Of Rajasthan (2023:Rj-Jd:43693) on 14 December, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:43693]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Appeal (Sb) No. 2551/2023

Mohammed Mustak @ Gorkha S/o Mehrab Khan, Aged About 29
Years, R/o Mandar P.s., Mandar, Sirohi
                                                                    ----Appellant
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Vahid Khan S/o Hameed Khan, R/o Bapunagar, Mandar,
         Reodar, Sirohi
                                                                 ----Respondents


For Appellant(s)          :     Mr. Abhishek Mehta
                                Mr. Mohan Singh Bhati
For Respondent(s)         :     Mr. Aneesh Bhurat, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

14/12/2023

Heard.

Admit.

Issue notice. Learned Public Prosecutor accepts notice on

behalf of State. Issue notice to respondent No.2, returnable within

a period of eight weeks.

Call for record.

Heard learned counsel for the parties on Misc. Bail

Application (Suspension of Sentence) No.1609/2023.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

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

[2023:RJ-JD:43693] (2 of 3) [CRLAS-2551/2023]

suspending the substantive sentence awarded to the accused

appellant.

Accordingly, the application for suspension of sentence filed

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

substantive sentence passed by the learned Sessions Judge,

Sirohi vide judgment dated 23.11.2023 in Sessions Case

No.101/2019 against the appellant-applicant - Mohammed Mustak

@ Gorkha S/o Mehrab Khan, shall be suspended till final disposal

of the aforesaid appeal subject to the condition that the appellant

shall deposit the Rs.10,000/- as fine amount and he will be

released on bail, provided he executes a personal bond in the sum

of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the

satisfaction of the learned trial Judge for his appearance in this

court on 16.01.2024 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 applicant 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.

4. Appellant shall deposit Rs.10,000/- as fine amount.

The learned trial Court shall keep the record of attendance of

the accused-applicant in a separate file. Such file be registered as

[2023:RJ-JD:43693] (3 of 3) [CRLAS-2551/2023]

Criminal Misc. Case related to original case in which the accused-

applicant 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 applicant does 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 2-raksha/-

Powered by TCPDF (www.tcpdf.org)