[2023/RJJD/008688] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1259/2022 Shakur Khan S/o Wali Khan, Aged About 27 Years, B/c Sindhi Musalman , R/o Chirayon Ki Dhani, Hingola P.s. Jhanwar, Jodhpur. (At Present Lodged Central Jail, Jodhpur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Mridul Jain with Mr. Bhagat Dadhich For Respondent(s) : Mr. Mahipal Bishnoi, PP HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order 05/04/2023 Heard learned counsel for the parties. Learned counsel for the appellant has pointed out that after the first suspension of sentence application of the appellant has been rejected, one year has elapsed and the total custody of six years and three months has now reached. Learned counsel has drawn the attention of this Court towards the statement of the prosecutrix, who is around 17 years of age as per the impugned order. Learned counsel submits that the prosecutrix has admittedly gone to the appellant though she has stated that she went in the belief that the appellant is asking instructions for the road; the prosecutrix has denied knowing the present appellant, but has admitted that the appellant was of the same village and he was living one kilometer away from her house. (Downloaded on 05/04/2023 at 09:41:54 PM) [2023/RJJD/008688] (2 of 3) [SOSA-1259/2022] Learned Public Prosecutor opposes the suspension of sentence application.
On consideration of the prolonged custody period as well as conjointly reading the statement rendered by the prosecutrix PW- 1 and the other factual matrix, this Court deems it just and proper to suspend the substantive sentence awarded to the accused applicant-appellant.
Accordingly, this second suspension of sentence application is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 26.10.2021 in Sessions Case No.76/2018 against appellant - Shakur Khan S/o Wali Khan shall remain suspended till final disposal of the aforesaid appeal, provided he executes a personal bond in a 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 08.05.2023 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the appellant changes the place of residence, they will give in writing his changed address to the trial Court as well as to the counsel in the High Court.
3. 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 (Downloaded on 05/04/2023 at 09:41:54 PM) [2023/RJJD/008688] (3 of 3) [SOSA-1259/2022] 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 do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J 80-Zeeshan (Downloaded on 05/04/2023 at 09:41:54 PM) Powered by TCPDF (www.tcpdf.org)