Citation : 2025 Latest Caselaw 4750 Raj
Judgement Date : 16 January, 2025
[2025:RJ-JD:2940]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 87/2025
Imdaad @ Billu S/o Ayub Khan, Aged About 21 Years, R/o
Ghandhu, Ps Sadar Churu, Dist. Churu, Raj.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Tribhuwan Singh Rathore
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. OP Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
16/01/2025
Heard learned counsel for the appellant as well as learned
Public Prosecutor 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 facts that sentence of the co-accused
Sunil Hooda has already been suspended by this Court and the
appellant was on bail during the trial and there is no chance of
hearing of the present 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 application for suspension of sentence filed
under Section 389 Cr.P.C. (430 of BNSS) is allowed and it is
ordered that the sentence passed by the learned Additional
Session Judge, Churu, vide judgment dated 19.12.2024 in Session
[2025:RJ-JD:2940] (2 of 2) [SOSA-87/2025]
Case No.210/2018 against the applicant Imdaad @ Billu 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.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 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.
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 145-MS/-
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