Zafar Ali @ Boga vs State Of Rajasthan (2025:Rj-Jd:20516)
2025 Latest Caselaw 12356 Raj

Rajasthan High Court - Jodhpur

Zafar Ali @ Boga vs State Of Rajasthan (2025:Rj-Jd:20516) on 28 April, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:20516]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                  No. 17/2025

Zafar Ali @ Boga S/o Shri Hakam Ali, Aged About 71 Years, R/o
Ward      No.    10,     Kheruwala,           Tehsil      Sadulshahar,     District
Sriganganagar, Rajasthan. (At Present Lodged In Central Jail,
Sriganganagar)
                                                                     ----Petitioner
                                      Versus
State Of Rajasthan, Through PP
                                                                   ----Respondent


For Petitioner(s)           :     Mr. S.R. Godara
For Respondent(s)           :     Mr. Shreeram Choudhary, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

28/04/2025

Heard learned counsel for the parties and perused the

material available on record.

Learned counsel for the appellant submits that the appellant

has been in custody since 04.08.2018 and hearing of the appeal

will take sufficiently long time, therefore, the sentence of the

appellant may be suspended.

Learned Public Prosecutor opposed the prayer for suspension

of sentence.

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 facts that the hearing of appeal is likely

to take time, therefore, this court is of the opinion that it is a fit

[2025:RJ-JD:20516] (2 of 3) [SOSA-17/2025]

case for suspending the sentence awarded to the accused

appellant.

Accordingly, the application for suspension of sentence filed

under Section 430 BNSS (Section 389 Cr.P.C.) is allowed and it is

ordered that the sentence passed by learned Additional Session

Judge, Sadulshahar District Sri Ganganagar vide judgment dated

27.11.2024 in Sessions Case No.88/2022 against the appellant-

applicant - Zafar Ali @ Boga S/o Shri Hakam Ali shall remain

suspended till final disposal of the aforesaid appeal provided he

executes a personal bond in the sum of Rs.2,00,000/- with two

sureties of Rs.1,00,000/- each to the satisfaction of the learned

trial Judge for his appearance in this court on 28.05.2025 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.

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 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

[2025:RJ-JD:20516] (3 of 3) [SOSA-17/2025]

accused applicant do 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 70-mSingh/-

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