Sharif Khan Pathan vs State Of Rajasthan
2022 Latest Caselaw 14469 Raj

Citation : 2022 Latest Caselaw 14469 Raj
Judgement Date : 8 December, 2022

Rajasthan High Court - Jodhpur

Sharif Khan Pathan vs State Of Rajasthan on 8 December, 2022

Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

...

S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 535/2022.

IN S.B. CRIMINAL APPEAL NO. 882/2022.

Sharif Khan Pathan S/o Mohammed Nafees Khan Pathan, Aged 40 Years, R/o House No. 215 Near Alipura Ghati Shcool, P.S. Bhopalpura Distt. Udaipur (Raj.).

(Appellant Is In Central Jail Udaipur)

----Petitioner Versus State Of Rajasthan through PP

----Respondent

For Petitioner(s) : Mr. Anuj Sahlot.

For Respondent(s) : Mr. Gaurav Singh, PP.

HON'BLE MR. JUSTICE FARJAND ALI Order

08/12/2022

Learned counsel for the applicant/appellant submits that a

patently false case has been foisted with an ulterior motive since

there was a rift in between the applicant/appellant and the mother

of the prosecutrix. Learned counsel further submits that the

manner in which the offence alleged to have committed does not

inspire confidence. The period of six years shown by the

prosecutrix from when she was subjected to spite per se in itself

negates her version since the marriage of the applicant/appellant

with her mother took place before two years only. The appellant

has a strong arguable case in his favour and there is every hope

for success in appeal. Therefore, learned counsel for the

applicant/appellant submits that the sentences awarded to the

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accused-appellant may be suspended as the disposal of the appeal

will consume time.

Per contra, learned Public Prosecutor has vehemently

opposed the prayer made by the learned counsel for the accused-

appellant for suspending the sentences.

Heard learned counsel for the applicant/appellant and the

learned Public Prosecutor on application of suspension of

sentences. Perused the statement of PW-a and other relevant

record wherefrom it is emanating that there was a marital strife in

between the mother of the prosecutrix and the applicant/

appellant. The applicant/appellant may have all possibilities of

success in appeal. However, at this stage, this Court refrain from

passing any comment over the niceties of the matter as the same

may effect hearing of the appeal on merits.

Upon a consideration of the arguments advanced on behalf

of the applicant/appellant 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 sentence awarded to the accused-

appellant.

Accordingly, the application for suspension of sentence filed

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

sentences passed by the learned Special Judge (POCSO Cases)

No.2, Udaipur vide judgment dated 26.05.2022 in Special

Sessions Case No. 18/2021 against the applicant/appellant

Sharif Khan Pathan S/o Mohammed Nafees Khan Pathan

shall remain suspended till final disposal of the aforesaid appeal

and he shall be released on bail, provided he executes a personal

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bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/-

each to the satisfaction of the learned trial Judge for his

appearance in this Court on 09.01.2023 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.