Rajasthan High Court - Jodhpur
Suleman vs State Of Rajasthan on 1 December, 2014
Bench: Govind Mathur, Prakash Gupta
[1]
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
D.B. CRIMINAL MISC. THIRD BAIL (SUSPENSION OF SENTENCE)
APPLICATION NO.947/2014
IN
D.B. CRIMINAL APPEAL NO.171/2006
Suleman
Versus
State of Rajasthan
Date of Order :: 01.12.2014
PRESENT
HON'BLE MR. JUSTICE GOVIND MATHUR
HON'BLE MR. JUSTICE PRAKASH GUPTA
Mr. Mridul Jain for the applicant
Mr. J.P. Bhardwaj - Public Prosecutor
BY THE COURT :
The first application seeking suspension of sentence was dismissed by this court on 08.11.2006. The second application was dismissed on 27.05.2011. While pressing the instant application, it is stated by learned counsel for the applicant that the applicant is behind the bars since 25.09.2005, as such, a substantial period of sentence has already been served by him. It is further asserted that even by accepting the case of the prosecution, the offence committed by the applicant does not travel beyond an offence prescribed under Section 304 Part I IPC.
Learned Public Prosecutor while opposing the [2] application states that though the applicant is behind the bars since 25.09.2005, but the extra-judicial confession made before the P.W.2 Rameshchandra is adequate to establish the crime of murder committed by him.
We have considered the arguments advanced. Looking to the evidence available on record and also taking into consideration that the applicant is behind the bars since 25.09.2005, without making any observation on merits, we are inclined to grant this application.
Accordingly, this application seeking suspension of sentence is allowed and it ordered that that the sentence passed by learned Additional Sessions Judge (Fast Track), Banswara vide judgment dated 21.12.2005 against appellant- applicant Suleman S/o Kabba shall remain suspended till final disposal of the aforesaid criminal appeal provided he executes a personal bond in the sum of Rs.25,000/- alongwith two sureties in the like amount each to the satisfaction of the learned trial court for his appearance in this Court on 05.01.2015 and subsequently before the trial court on the following conditions:-
1. That he will appear before the trial court in the month of January every year till the appeal is decided.
2. That if the appellant changes his place of residence, he will give the changed address in writing to the trial court, High Court as well as to his counsel in the High Court.[3]
3. Similarly if sureties change his/her/their address, they will give in writing his/her/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 the Sessions 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.
[PRAKASH GUPTA], J. [ GOVIND MATHUR], J. Pramod