Rajasthan High Court - Jodhpur
Mohammed Rizwan @ Babu vs State Of Rajasthan (2024:Rj-Jd:9653) on 26 February, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:9653]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 820/2023
Mohammed Rizwan @ Babu S/o Sh. Mohammed Farid, Aged
About 27 Years, R/o Haider Colony Tehsil And Dist. Pali Raj.
(Presently Lodged In Dist. Jail Pali )
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ganpat Lal Prajapat
For Respondent(s) : Ms. Anita Gehlot, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
26/02/2024
Heard learned counsel for the appellant as well as learned
Public Prosecutor.
Learned counsel for the appellant submits that the accused
appellant was on bail during the trial and hearing of the appeal will
take sufficient long time, therefore, the sentence of the appellant
may kindly be suspended.
Learned Public Prosecutor vehemently opposed the prayer
made by the counsel for the appellant.
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
suspending the substantive sentence awarded to the accused
appellant.
[2024:RJ-JD:9653] (2 of 3) [SOSA-820/2023]
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentences passed by the learned Addl. Sessions Court,
Pali, vide judgment dated 04.07.2023 in Sessions Case
No.191/2017 (25/2017) (CIS No.191/2017) against the appellant-
applicant Mohammed Rizwan @ Babu S/o Shri Mohammed Farid,
shall remain 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 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 27.03.2024 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 address(s),
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(s) in a separate file. Such file be registered
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
[2024:RJ-JD:9653] (3 of 3) [SOSA-820/2023]
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.
(MANOJ KUMAR GARG),J
102-Ishan/-
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