Najir vs State Of Rajasthan

Dr. Pushpendra Singh Bhati, J

Learned counsel for the applicant-appellant submits that vide order dated 31.05.2022 passed by this Court in Suspension of Sentence Application No.484/2022, the sentence awarded to the present accused applicant-appellant alongwith others was suspended. Learned counsel for the applicant-appellant, however, submits that on account of failure on the part of the present applicant-appellant in submitting the requisite bail bonds, the relief in regard to his suspension of sentence could not be availed by him. Learned counsel, thus, submits that in these circumstances, the present second Suspension of Sentence Application has been preferred.

The aforementioned order dated 31.05.2022 is reproduced as under:-

“Admit.

Call for the record.

Heard learned counsel for the parties on the application seeking suspension of sentence no.484/2022.

Counsel for the appellant(s) submits that the appellants were on bail during trial and their sentence has already been suspended temporarily for a period of one month by the learned trial court itself, thus, prayed to suspend the sentence.

Learned PP opposed the application.

Having considered of the totality of facts and circumstances of the case, I consider it just and proper to suspend the substantive sentence awarded to the accused appellants.

Accordingly, this application for suspension of sentences is allowed and it is directed that the sentences awarded to appellant/s – (1) Salim S/o Rajjak Khan, (2) Shakal @ Aladin S/o Rajjak Khan, (3) Kalu @ Salman S/o Shafi Khan and (4) Najir S/o Barkat Khan, by the learned trial Court vide judgment dated 21.05.2022 in Sessions Case No.17/2012 (NCV No.965/2014) shall remain suspended till final disposal of aforesaid appeal provided each of them execute a personal bond for a sum of Rs.50,000/- alongwith two solvent sureties in the sum of Rs.25,000/- each to the satisfaction of learned trial court for their appearance before this Court on 20.07.2022 and whenever called upon to do so till the disposal of the appeal on the conditions inidcated 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(s) 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.”

Learned Public Prosecutor opposes the application.

Having considered the totality of facts and circumstances of the case and keeping in mind the aforequoted order, this Court considers it just and proper to suspend the substantive sentence awarded to the accused applicant-appellant.

Accordingly, the present second suspension of sentence application filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 21.05.2022 in Sessions Case No.17/2012 (NCV No.965/2014) against applicant-appellant Najir S/o Barkat Khan shall remain suspended till final disposal of the aforesaid appeal, 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 24.11.2022 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 appellant 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, 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-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellant 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.