Mustaffa Sheik vs State

Heard learned counsel for the appellant-applicant and the learned Public Prosecutor and perused the material available on record.

The instant third application for suspension of sentences has been preferred on behalf of the appellant-applicant Mustafa Sheikh, who has been convicted and sentenced for the offences under Sections 307, 323/34 and 324/34 IPC vide judgment dated 12.04.2017 passed by the learned Additional Sessions Judge No.3, Udaipur in Sessions Case No.46/2017 (CIS No.54/2016).

As per the custody certificate placed on record by the learned Public Prosecutor, the appellant has remained behind bars for nearly 4 and half years. While convicting the appellant for the offence under Sections 307 IPC, the learned trial court awarded sentence of 7 years rigorous imprisonment to him. Thus, the appellant has suffered well in excess of half of the maximum sentence awarded to him by the trial court. The sentences awarded to the co-accused persons have already been suspended by this court. As per the criminal antecedent report, other than the present one, only one more case has been registered against the appellant and that too for Magistrate triable offences, viz. 143, 323, 341, 324 and 149 IPC. Hearing of the appeal is unlikely in near future.

In this background and having regard to the facts and circumstances of the case, I am inclined to release the applicant on bail during pendency of appeal.

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge No.3, Udaipur vide judgment dated 12.04.2017 in Sessions Case No.46/2017 (CIS No.54/2016) against the appellant-applicant Mustafa Sheikh S/o Munir Khan 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.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 06.01.2020 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

That he will appear before the trial Court in the month of January of every year till the appeal is decided.

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.

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 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 accused applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.