Mubarik Khan vs State Of Rajasthan
2022 Latest Caselaw 5538 Raj

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     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Criminal Appeal No. 359/2022

Mubarik Khan S/o Kadar Khan, Aged About 42 Years, B/c
Musalman, R/o Court Mohalla, Police Station Nimach City, District
Nimaj (Madhya Pradesh) (Lodged At District Jail, Chittorgarh)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan
                                                                 ----Respondent


For Appellant(s)          :     Mr. Rajesh Kumar
For Respondent(s)         :     Mr. S.K. Bhati, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

13/04/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

     Admit.

     Issue notice.

     Learned Public Prosecutor accepts notice on behalf of the

respondent-State. Hence, notice need not be issued.

     Call for the record.

     Heard learned counsel for the parties on S.B. Suspension

of Sentence (Appeal) No.269/2022.

     Learned counsel for the appellant submits that the learned

trial court has temporarily suspended the sentence of the present

accused-appellant.



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     Learned    Public   Prosecutor         opposes         the    suspension    of

sentence application.

     Having considered the totality of facts and circumstances of

the case, this Court considers it just and proper to suspend the

substantive sentence awarded to the accused applicant-appellant.

     Accordingly, S.B. Criminal (Suspension of Sentence)

Application No. 269/2022 filed under Sec.389 Cr.P.C. is allowed

and it is ordered that the substantive sentence passed by learned

Special Judge of POCSO Act, 2012, District Chittorgarh vide

judgment   dated   25.03.2022          in Sessions              Case No.158/2018

against appellant Mubarik Khan S/o Kadar Khan shall remain

suspended till final disposal of the aforesaid appeal, provided he

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 his appearance in this Court on 13.05.2022 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, 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-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


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                                   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 does 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.

2-Zeeshan

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