Mustak Khan S/O Ibrahim @ Ibro vs State Of Rajasthan
2022 Latest Caselaw 5762 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Criminal Appeal No. 1569/2022

1.      Mustak Khan S/o Ibrahim @ Ibro, R/o Palakhadi Police
        Station Aravali Vihar, Alwar District Alwar (Raj)
2.      Irfan @ Ifa S/o Hakamdeen @ Haku, R/o Palakhadi, Police
        Station Aravali Vihar, Alwar District Alwar (Raj)
                                                                  ----Appellants
                                    Versus
State Of Rajasthan, Through Public Prosecutor
                                                                 ----Respondent

For Appellant(s)          :     None present.
For Respondent(s)         :     Mr. Atul Sharma, P.P.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                          Judgment / Order

23/08/2022

      Heard.

Admit. Call for record. Learned Public Prosecutor accepts notice on

behalf of the respondent-State.

Heard on application for suspension of sentence No.1003/2022.

Upon a consideration of the arguments advanced on behalf of the

appellants 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-appellants.

Accordingly, the application for suspension of sentence filed under

Section 389 Cr.P.C. is allowed and it is ordered that the substantive

sentences passed by the learned Special Judge, Special Court,

Protection of Children from Sexual Offences Act, 2012, No.1, Alwar vide

order dated 03.08.2022 in Session Case No.50/2020 against the

appellant-applicants (1) Mustak Khan S/o Ibrahim @ Ibro &

(2 of 2) [CRLAS-1569/2022]

(2) Irfan @ Ifa S/o Hakamdeen @ Haku , shall remain

suspended till final disposal of the aforesaid appeal and they will be

released on bail subject to deposit of fine amount as imposed by the

learned trial Court, provided each of them executes a personal bond in

the sum of Rs.1,00,000/- each with two sureties of Rs.50,000/- each to

the satisfaction of the learned trial Judge for their appearance in this

Court on 23.09.2022 and whenever ordered to do so till the disposal of

the appeal 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 appeal 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. The appellants 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 Special

Judge shall report the matter to this Court for cancellation of bail.

(KULDEEP MATHUR),J

83. PRASHANT JHA

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