Rajasthan High Court
Choti @ Chhote Khan Son Of Shri Ashin Khan vs State Of Rajasthan on 2 February, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2024:RJ-JP:5739]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Bail (Suspension of Sentence)
Application No.183/2024
In
S.B. Criminal Appeal (Sb) No. 211/2024
1. Choti @ Chhote Khan Son Of Shri Ashin Khan, Resident Of
Mohari, Police Thana Baseri District Dholpur (Raj.)
2. Jameel Khan Son Of Shri Ashin Khan, Resident Of Mohari,
Police Thana Baseri District Dholpur (Raj.)
----Appellants
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent For Appellant(s) : Mr.Neeraj Sharma For Respondent(s) : Mr.Chandragupta Chopra, Public Prosecutor HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 02/02/2024 The appellants-applicants - (i) Choti @ Chotte Kan s/o Shri Ashin Khan and (ii) Jameel Khan s/o Shri Ashin Khan herein have been convicted and sentenced vide judgment dated 23.01.2024 passed by learned Special Judge (SC/ST Atrocities Cases) Dholpur (Raj.) in Session Case No.32/2021 (CIS No.32/2021) as under:-
Offence Under Imprisonment Fine Sentence in Section default of fine 3-1(w) of SC/ST 2 years' SI Rs.10,000/- Additional Two Act Months' SI 3-2(va) of SC/ST 6 Months' SI Rs.1000/- Additional One Act read with Month's SI Section 323 IPC 3-2(va) of SC/ST 6 Months' SI Rs.1000/- Additional one (Downloaded on 02/02/2024 at 09:24:32 PM) [2024:RJ-JP:5739] (2 of 3) [CRLAS-211/2024] Act read with Month's SI Section 506 IPC 504 of IPC 6 Months' SI Rs.1000/- Additional one Month's SI Heard learned counsel for the applicants-appellants and learned Public Prosecutor on the application for suspension of sentences.
Upon a consideration of the arguments advanced on behalf of the appellants-applicants and having regard to the facts and circumstances as available on the record, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellant-applicant during pendency of the instant 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 Special Judge (SC/ST Atrocities Cases) Dholpur (Raj.) in Session Case No.32/2021 (CIS No.32/2021) vide judgment dated 23.01.2024 against the appellanta-applicants - (i) Choti @ Chhote Khan S/o Shri Ashin Khan and (ii) Jameel Khan s/o Shri Ashin Khan, shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided each of them 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 their appearance in this court on 04.03.2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated 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.(Downloaded on 02/02/2024 at 09:24:32 PM)
[2024:RJ-JP:5739] (3 of 3) [CRLAS-211/2024]
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 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.
(PRAVEER BHATNAGAR),J Preeti Asopa /99 (Downloaded on 02/02/2024 at 09:24:32 PM) Powered by TCPDF (www.tcpdf.org)