Sabir Khan Son Of Late Kamruddin vs State Of Rajasthan
2021 Latest Caselaw 6667 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Criminal Misc. Suspension of Sentence

                      Application No.954/2021

                                       In

               S.B. Criminal Appeal No. 1552/2021

Sabir Khan S/o Late Kamruddin, Aged About 20 Years, R/o
Chamanpura Mohalla Udei Mode Gangapur City.
(At Present Confined At District Jail Sawai Madhopur)
                                                         ----Accused/Appellant
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Appellant(s)         :     Mr. Abdul Rahim Khan
For Respondent(s)        :     Mr. Rajendra Yadav, AAG/PP



         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                    Order

18/11/2021

Heard on application for suspension of sentence.

The appellant has filed the appeal along with application for

suspension of sentence.

This appeal has been preferred against the judgment of

conviction and sentence dated 22.09.2021 passed by the Children

Court (Commission for Protection of Child Rights Act, 2005 Cases),

Sawai Madhopur in Sessions Case No.22/2020, by which the

appellant has been convicted under Sections 323 R/w 149, 342

R/w 149, 147, 354 R/w 149, 354A R/w 149, 354B R/w 149 of IPC,

Section 3(2)(va) of the SC/ST Act and Section 67 of I.T. Act and

sentenced to maximum term of seven years.

(2 of 3)

It has been submitted by learned counsel for the appellant

that the appellant has been sentenced to a maximum term of

seven years. As per certificate under Rule 311(3) of Rajasthan

High Court Rules, the appellant was on bail during trial and now,

he is confined at District Jail, Sawai Madhopur. He has already

served more than eight months sentence. The appellant was a

juvenile at the time of incident. He was produced before the

Juvenile Justice Board, whereafter, inquiry of his case was

committed for being tried as an adult under Section 18(3) of the

Juvenile Justice Act. The prosecutrix was major at the time of

incident. Prosecutrix-P.W.1 has turned hostile and has not

supported the prosecution case. She has not levelled any

allegation against the present appellant. Other material witnesses

P.W.2-Kuber, P.W.3-Jakir, P.W.4-Umradaraj, P.W.12-Mahesh and

P.W.13-Ramkishan have also turned hostile. There are several

contradictions and infirmities in the prosecution case. There are no

other criminal antecedents of the appellant. Hearing of appeal

may take long time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Taking into consideration the submissions of learned counsel

for the appellant, overall facts and circumstances of the case but

without commenting upon detailed merits of the case, this Court

deems just and proper to allow the application for suspension of

sentence.

(3 of 3)

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the sentence awarded to accused-

appellant Sabir Khan S/o Late Kamruddin shall remain

suspended till disposal of this criminal appeal and he be released

on bail, provided the appellant furnishes a personal bond of

Rs.50,000/- and two sureties of Rs.25,000/- each to the

satisfaction of the learned trial court for his appearance in this

Court on 20th December, 2021 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/9

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