Zakir Mohammed vs State Of Rajasthan (2024:Rj-Jd:9453)
2024 Latest Caselaw 1817 Raj

Rajasthan High Court - Jodhpur

Zakir Mohammed vs State Of Rajasthan (2024:Rj-Jd:9453) on 23 February, 2024

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2024:RJ-JD:9453]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                  No. 213/2024

Zakir Mohammed S/o Akbar Mohammed, Aged About 27 Years,
R/o Potlan, P.s. Gangapur, Dist. Bhilwara. (At Present Lodged In
Dist. Jail, Bhilwara)
                                                                       ----Petitioner
                                       Versus
State Of Rajasthan, Through Pp
                                                                     ----Respondent


For Petitioner(s)            :     Mr. Rajender Singh Charan
For Respondent(s)            :     Mr. Mukesh Trivedi, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

23/02/2024

Heard learned counsel for the parties and perused the

material available on record.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case including the fact that the appellant was on bail during

the trial and hearing of the appeal is likely to take time, therefore,

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

sentence passed by the learned Additional Sessions Judge

(Women Atrocity Cases), Bhilwara, vide judgment dated

06.02.2024 in Session Case No.44/2018 against the appellant-

applicant - Zakir Mohammed S/o Akbar Mohammed, shall remain

[2024:RJ-JD:9453] (2 of 2) [SOSA-213/2024]

suspended till final disposal of the aforesaid appeal subject to the

condition that the appellant shall deposit 50% of the fine amount

as imposed by the learned trial Court and they shall 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 their appearance in this

court on 28.03.2024 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 50% of fine amount as imposed by the learned trial court.

The learned trial Court shall keep the record of attendance of

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

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

applicant 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 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 160-GKaviya/-

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