Rajasthan High Court - Jodhpur
Sahzad Khan vs State Of Rajasthan on 20 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 993/2021
Sahzad Khan S/o Shabir Hussain, Aged About 35 Years, resident
of Pandwasath, Kuchalgarh, District Banswara.
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. Sumer Singh, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
20/12/2021
Admit. Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
respondent - State. Therefore, notice need not be issued.
Send for the record.
Heard learned counsel for the petitioner and the learned
Public Prosecutor on the application seeking suspension of
sentences (SoS No.298/2021).
Arguing on the application for suspension of sentences,
learned counsel for the petitioner stated that the petitioner has
convicted for the offence punishable under Section 203 of the
Rajasthan Municipalities Act by the learned ACJM, Kushalgarh
District Banswara in criminal original case No.382/2007 vide
judgment and order dated 30.01.2013 and the same was affirmed
by the learned Additional Sessions Judge, Banswara Camp
Kushalgarh in Criminal Appeal No.03/2013 vide judgment and
(2 of 3) [CRLR-993/2021]
order dated 30.10.2021, while dismissing the appeal of the
petitioner. Learned counsel also stated that the offence is triable
by the Magistrate; as per para no.41 of the impugned order,
during trial, petitioner was on bail; hearing of the revision will take
time, therefore, the application seeking suspension of sentences
may kindly be allowed.
Learned Public Prosecutor opposed the suspension of
sentences application filed by the petitioner. However, he does not
wish to file reply to the application.
Having regard the facts and circumstances of the case,
particularly to the facts that offence is triable by the Magistrate;
during trial, petitioner was on bail and that disposal of this
revision will take time, therefore, this Court consider it just and
proper to suspend the sentence awarded to the accused petitioner.
Accordingly, the application for suspension of sentence (SoS
No.298/2021) filed under Section 397(1) Cr.P.C. is allowed and it
is ordered that the sentence passed by the learned Additional
Chief Judicial Magistrate Kushalgarh District Banswara in Cr.
Orginal Case No.382/2007 vide order dated 30.01.2013 as
affirmed by the learned Additional Sessions Judge Banswara Camp
Kushalgarh vide order dated 30.10.2021 in Cr. Appeal No.03/2013
against the petitioner-applicant - Sahzad Khan S/o Shabir
Hussain, shall remain suspended till final disposal of the aforesaid
revision and he shall be released on bail, provided he executes a
personal bond in the sum of Rs.50,000/- (Rupees: Fifty Thousand
Only) with two sureties of Rs.25,000/- (Rupees: Twenty Five
Thousand Only) each to the satisfaction of the learned trial Judge
for his appearance in this court on 21.01.2022 and whenever
(3 of 3) [CRLR-993/2021]
ordered to do so, till the disposal of the revision on the conditions
indicated below:-
1. That he will appear before the trial
Court in the month of January of
every year till the revision is decided.
2. That if the applicant(s) 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.
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-applicant in a separate file. Such file be
registered as Criminal Misc. Case related to original case in which
the accused-applicant 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 applicant does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(DEVENDRA KACHHAWAHA),J
30-Arvind/-
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