Rajasthan High Court - Jodhpur
Sabir Khan @ Lune Khan vs State Of Rajasthan on 25 April, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 289/2022
1. Sabir Khan @ Lune Khan S/o Ishaq Khan, Aged About 38
Years, R/o Asotra, Police Station Siwana, Dist. Barmer.
(Presently Lodged In District Jail, Sirohi)
2. Nimbha Ram @ Naresh Bhai Purohit S/o Peera Jee, Aged
About 51 Years, R/o Bakra Village , Police Station Bagra,
Tehsil Sayla Dist. Jalore. (Presently Lodged In District Jail,
Sirohi)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sikander Khan
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/04/2022
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
State. Hence, notice need not be issued.
Heard learned counsel for the petitioner and the learned
Public Prosecutor on S.B. Suspension of Sentence (Revision)
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(2 of 3) [CRLR-289/2022]
No.75/2022.
I have considered the rival arguments advanced by the
parties and perused the judgments of the courts below. Looking
to the facts and circumstances of the case and the short sentence
awarded by the learned trial court, I consider it just and proper to
suspend the sentence awarded to the accused petitioners.
Accordingly, S.B. Suspension of Sentence (Revision)
No.75/2022 filed under Section 397(1) Cr.P.C. is allowed and it is
ordered that the sentence passed by the learned Chief Judicial
Magistrate, Sirohi in Criminal Original Case No.409/2010 vide
order dated 12.08.2015 as affirmed by the learned Sessions
Judge, Sirohi vide order dated 01.10.2021 in Criminal Appeal
No.91/2015 (CIS No.89/2015) against the petitioners (1) Sabir
Khan @ Lune Khan S/o Ishaq Khan (2) Nimbha Ram @ Naresh
Bhai Purohit S/o Peera Jee 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/-
with two sureties of Rs.25,000/- each to the satisfaction of the
learned trial Judge for his appearance in this court on 25.05.2022
and whenever 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 petitioner 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.
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(3 of 3) [CRLR-289/2022]
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-petitioners in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-petitioners 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-petitioners 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.
155-Sudheer/-
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