High Court of Rajasthan allowed a bail application seeking suspension of an existing sentence. The bail was granted by analogy with a similar application by a co-accused, requiring the execution of a personal bond and appearance before the trial court.
Sentence suspended pending appeal; conditional bail granted on security of Rs. 25,000.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
O R D E R
D.B. CRIMINAL MISC. THIRD BAIL (SUSPENSION OF SENTENCE) APPLICATION NO.200/2015 IN D.B. CRIMINAL APPEAL NO.631/2012
Mohd Rajaq @ Babu Tawari Versus
The State of Rajasthan
Date of Order :: 25.02.2015
PRESENT
HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR
Mr. Mridul Jain for the applicant Mr. J.P. Bhardwaj – Public Prosecutor Mr. R.S. Choudhary for the complainant
BY THE COURT :
While pressing this application, learned counsel for the applicant submits that this court has already granted the application preferred by co-accused Mohd Sofin @ Kakesh seeking suspension of sentence and case of the present applicant is not at all distinguishable with the case of the coaccused named above.
Learned Public Prosecutor as well as learned counsel for the complainant does not dispute this fact.
Having considered the same, while adopting the reasons given for awarding suspension of sentence to co-
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accused Mohd Sofin @ Kakesh, without making any observation on merits of the case, 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) No.1, Bikaner vide judgment dated 26.05.2012 against appellantapplicant Mohd Rajaq @ Babu Tawari S/o Ishaq Khan 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 26.03.2015 and subsequently before the trial court on the following conditions:-
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
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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 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.
[JAISHREE THAKUR], J. [GOV IND MATHUR], J.
Pramod
Mohd Rajaq @ Babu Tawari
The State of Rajasthan
Govind Mathur
Jaishree Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
