Rajasthan High Court - Jodhpur
Ameen @ Lamba vs State Of Rajasthan on 3 February, 2023
Bench: Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODH-
PUR
S.B. Criminal Appeal No. 154/2023
1. Ameen @ Lamba S/o Mohammad Sadeek, Aged About 35
Years, R/o Lakhuwali Head, District Hanumangarh.
2. Saleem S/o Noordeen, Aged About 32 Years, R/o
Lakhuwali, Tehsil And District Hanumangarh.
3. Kale Khan S/o Yusuf Khan, Aged About 40 Years, R/o
Ward No. 06, Lakhuwali, Head, District Hanumangarh.
4. Shrawan @ Jimi S/o Mahenge Khan, Aged About 28
Years, R/o 1 Kdwd, Lakhuwali, District Hanumangarh.
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Achala Ram
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
03/02/2023
Heard.
Admit.
Call for record.
Learned Public Prosecutor accepts notice on behalf of State.
Heard learned counsel for the appellants and learned Public
Prosecutor on application for suspension of sentence No.91/2023.
Learned counsel for the appellants-applicants submits that
during trial, appellants-applicants were on bail. Therefore, learned
counsel for the appellants prays that the sentence awarded to the
accused-appellants may be suspended.
Learned Public Prosecutor vehemently opposed the prayer
(2 of 3) [CRLAS-154/2023]
made by the learned counsel for the accused-appellants.
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 accused-appellants.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Additional Sessions Judge, No.2,
Hanumangarh, vide judgment dated 12.01.2023 in Sessions Case
No.43/2018 against the appellants-applicanst- (1) Ameen @
Lamba S/o Mohammad Sadeek (2) Saleem S/o Noordeen
(3) Kale Khan S/o Yusuf Khan (4) Shrawan @ Jimi S/o
Mahenge Khan, shall remain suspended till final disposal of the
aforesaid appeal and they shall be released on bail, provided they
execute a personal bond in the sum of Rs.1,00,000/- each with
two sureties of Rs.50,000/- to the satisfaction of the learned trial
Judge for their appearance in this Court on 03.03.2023 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated 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 ad-
dress(s), 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(s) in a separate file. Such file be registered
(3 of 3) [CRLAS-154/2023]
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/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(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(MADAN GOPAL VYAS),J
101-neha/-
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