Raseed Mohammed vs State Of Rajasthan ...
2023 Latest Caselaw 1697 Raj

[2023/RJJD/005122]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 595/2022

Raseed Mohammed S/o Sher Mohammed, Aged About 60 Years, R/o Karawada, PS Pahada. (At Present Lodged At Dist. Jail Udaipur).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr.Arpit Samaria, Adv. through VC For Respondent(s) : Mr.Mool Singh Bhati, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

13/02/2023

Heard.

Admit.

Learned Public Prosecutor accepts notice on behalf of the

respondent-State.

Heard learned counsel for the parties on Application for

Suspension of Sentence and perused the material available on

record.

Upon a consideration of the arguments advanced on behalf

of the petitioner 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 substantive sentence awarded to the accused-

petitioner.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the substantive sentence passed by

[2023/RJJD/005122] (2 of 3) [CRLW-595/2022]

the learned Gram Nyalaya Kherwara, Distt. Udaipur in Criminal

Case No.54/2013 vide judgment dated 04.06.2016 and affirmed

by the learned Additional Sessions Judge, Kherwara, Distt.

Udaipur in Criminal Appeal No.01/2016 vide judgment dated

24.11.2022 against the accused-petitioner Raseed Mohammed S/o

Sher Mohammed shall remain suspended subject to depositing the

fine amount. The petitioner shall be released on bail provided he

executes a personal bond in the sum of Rs.1,00,000/- along with

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

the learned trial Judge for his appearance before this court on

13.03.2023 and whenever ordered to do so till the disposal of the

criminal writ petition on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the criminal writ is decided.

2. That if the petitioner change 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 addresses, they will give in writing their changed address to the trial Court.

4. That the petitioner shall deposit the fine amount as directed by the trial court.

The learned trial Court shall keep the record of attendance of

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

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

petitioner 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

[2023/RJJD/005122] (3 of 3) [CRLW-595/2022]

pendency and disposal of cases in the trial court. In case the

accused-petitioner 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

65-NK/-

Powered by TCPDF (www.tcpdf.org)