Rajasthan High Court - Jodhpur
Azad vs State Of Rajasthan (2025:Rj-Jd:4057) on 22 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:4057]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 90/2025
Azad S/o Ramniwas, Aged About 31 Years, R/o Bhairi Akbarpura,
Police Station Uklana, District Hissar, Haryana.(At Present
Lodged At Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 91/2025
Babloo @ Paramjeet S/o Krishan, Aged About 26 Years, R/o
Luhara Radho, Police Station Narnod, District Hissar, Haryana.
(At Present Lodged At Sub Jail, Rajgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. J.K. Suthar
For Respondent(s) : Mr. Deepak Chowdhary, GA-cum-AAG
assisted by Mr. K.S. Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
22/01/2025
Heard learned counsel for the appellants as well as learned
Public Prosecutor.
Learned counsel for the appellants submits that sentence of
similar situated co-accused viz., Sandeep @ Ravan, Gajendra @
Kala Balak & Rishi @ Dharmendra has already been suspended by
[2025:RJ-JD:4057] (2 of 3) [SOSA-90/2025]
this Court. The appellants have served more than five years in
imprisonment out of total sentence of ten years. The hearing of
the appeals will take sufficiently long time, therefore, the sentence
of the appellants may kindly be suspended.
Learned Addl. G.A. opposed the prayer made by the counsel
for the appellants.
Upon a consideration of the arguments advanced on behalf
of the appellants 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 sentence awarded to the accused appellants.
Accordingly, the applications for suspension of sentence filed
under Section 389 Cr.P.C. are allowed and it is ordered that the
sentences passed by the learned Additional Sessions Judge, No.1,
Rajgarh, District Churu vide judgment dated 09.02.2024 in
Sessions Case No.36/2020 against the appellants-applicants (1)
Azad S/o Ramniwas & (2) Babloo @ Paramjeet S/o Krishan shall
be suspended till final disposal of the aforesaid appeal provided
each of them 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 24.02.2025 and whenever ordered to do so till the
disposal of the appeals 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:4057] (3 of 3) [SOSA-90/2025]
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
84-85-Rashi/-
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