Rajasthan High Court - Jodhpur
Mohammad Aazam vs State Of Rajasthan (2025:Rj-Jd:1378) on 9 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:1378]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1128/2024
Mohammad Aazam S/o Shri Aamin Mohammad, Aged About 36
Years, R/o Khaatiyon Ka Mohalla Ward No. 03 Taranagar Ps
Taranagar Churu Raj.
(At Present Lodged In Central Jail, Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Dinesh Kumar Godara
For Respondent(s) : Mr. Deepak Choudhary, AAG assisted
by Mr. KS Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
09/01/2025
Heard learned counsel for the appellant and learned AAG and
perused the material available on record.
This is second application for suspension of sentence. The
first SOS application was dismissed as not pressed on 01.05.2024.
Counsel for the appellant submits that the sentence of co-
accused Ram Pratap has already been suspended by this Court.
The appellant is in custody for about six years and five months
and there is no chance of hearing of the appeal in near future. In
these circumstances, it is prayed that the sentence of the
appellant may be suspended and they may be released on bail.
Learned AAG has opposed the second application for
suspension of sentence.
[2025:RJ-JD:1378] (2 of 3) [SOSA-1128/2024]
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 appellant is in custody for
about six years and five months and there is no chance of hearing
of the appeal in near future, this Court is of the opinion that it is a
fit case for suspending the sentence awarded to the accused
appellant.
Accordingly, the second application for suspension of
sentence filed under Section Section 430 of BNSS is allowed and it
is ordered that the sentence passed by the learned Special Judge,
NDPS Cases, Gulabpura (Additional Sessions Judge), Gulabpura,
District Bhilwara, vide judgment dated 27.09.2023 in Sessions
Case No.23/2018 against the applicant Mohammad Aazam S/o
Shri Aamin Mohammad shall remain suspended till final disposal of
the aforesaid appeal and he shall be released on bail, 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 24.02.2025 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.
[2025:RJ-JD:1378] (3 of 3) [SOSA-1128/2024]
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
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
126-MS/-
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