Rajasthan High Court - Jodhpur
Shoukat Khan vs State Of Rajasthan on 25 February, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Suspension Of Sentence(Revision) No. 54/2021
Shoukat Khan S/o Shri Shakur Khan, Aged About 60 Years, By
Caste Sindhi Musalman, R/o Navtala P.s. Mandli, District Barmer. At
Present Lodged In Central Jail Jodhpur.
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Barkat Khan Mehar.
For Respondent(s) : Mr. Sudhir Tak, P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
25/02/2021
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and perused the record of the case.
Upon a consideration of the arguments advanced on behalf of
the petitioner and having regard to the facts and circumstances of
the case, this court is of the opinion that it is a fit case for
suspending the substantive sentence awarded to the accused
petitioner.
Accordingly, the application for suspension of sentence filed
under Section 397 read with Section 401 Cr.P.C. is allowed and it is
ordered that the substantive sentences passed by Learned Judicial
Magistrate, Jodhpur, vide order dated 17.04.2018 in Criminal Regular
Case No.465/2011 and as affirmed by Learned Session Judge,
Jodhpur, in Criminal Appeal No.30/2018, vide order dated
02.02.2021 the against the petitioner-Shoukat Khan S/o Shri Shakur
Khan, shall remain suspended till final disposal of the aforesaid
revision and he shall be released on bail subject to deposit the fine
(2 of 2) [SOSR-54/2021]
amount as imposed by the learned trial Court, provided he executes
a personal bond in the sum of Rs.1,00,000/- each with two sureties
of Rs.50,000/- each of to the satisfaction of the learned trial Judge
for his appearance in this court on 25.03.2021 and whenever ordered
to do so till the disposal of the revision 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 revision
is decided.
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.
4. Petitioner shall deposit the fine amount as imposed
by the learned 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.
(MANOJ KUMAR GARG),J
146-Prashant/NK
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