Rajasthan High Court - Jodhpur
Mefus Ali vs State Of Rajasthan on 20 September, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2239/2025
1. Asraf Khan S/o Najeer Khan, Aged About 26 Years, R/o
Railway Station Road Parlu District Balotra (Raj.)
(At Present Incarcerated At Central Jail, Jodhpur)
2. Mefus Ali S/o Fakir Mohammed, Aged About 21 Years, R/o
Parlu District Balotra (Raj.)
3. Salman S/o Hamir Khan, Aged About 25 Years, R/o
Railway Station Road Parlu Police Thana Jasol District
Balotra (Raj.)
----Appellants
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Vinod Kumar Sharma
Mr. Gajendra Kumar Rinwa
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. OP Choudhary
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
20/09/2025
IN S.B. Criminal Appeal (SB) No. 2239/2025:-
1. Admit.
2. Call for the record.
3. Requisition for summoning the record be given 'dasti' to the
learned counsel for the appellants for service upon the
respondent.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.1758/2025:-
1. Heard learned counsel for the appellants-applicants as well
as learned Public Prosecutor and perused the material available on
record.
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2. Learned counsel for the appellants-applicants submits that as
far as the appellants - Mefus Ali and Salman are concerned, they
were on bail during the course of trial. The main allegation is
levelled against the co-accused and not against the appellants-
applicants. He further submits that considering the entire facts,
the learned trial Court has convicted the appellants-applicants
under Sections 323, 325 and 326 read with Section 34 I.P.C. with
rigorous imprisonment for a period of 3 years.
3. Per Contra, learned Public Prosecutor opposes the application
for suspension of sentence and submits that considering that there
were various injuries on body of the injured- Sahil, the accused-
appellant is not entitled to be enlarged on bail.
4. Upon consideration of the arguments advanced on behalf of
both the sides and having regards to the facts and circumstances
of the case, including the facts that the main allegation is levelled
against the appellant-applicant Asraf Khan and not against the
present appellants-applicants, appellants-applicants were on bail
during the course of trial, the punishment imposed is 3 years
rigorous imprisonment, and that the chances of hearing of the
appeal in near future being bleak, this Court deems it appropriate
to suspend the sentence awarded to the accused-appellant.
5. Accordingly, the application for suspension of sentence filed
under Section 430 BNSS (Old Provision Section 389 of Cr.P.C.) is
allowed and it is ordered that the sentence passed by the learned
Session Judge District Balotra, vide judgment dated 09.09.2025 in
Sessions Case No.17/2024 (CNR No.RJBA010001362024), against
the appellants-applicant Mefus Ali S/o Fakir Mohammed and
Salman S/o Hamir Khan shall remain suspended till final
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disposal of the aforesaid appeal and they shall be released on bail,
provided each of them execute 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 27.10.2025 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.
6. 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/do not appear before the
trial Court, the learned trial Judge shall report the matter to the
High Court for cancellation of bail.
(SANDEEP SHAH),J
185-charul/-
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