Rajasthan High Court - Jodhpur
Jugnu @ Amir Khan vs State Of Rajasthan on 23 May, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Criminal Misc. second Suspension of Sentence Application
No.459/2022
IN
S.B. Criminal Appeal No.785/2015
(Hamid Khan & Ors. Vs. State )
Jugnu alias Amir Khan S/o. Hamid Khan, by caste
Musalman, resident of Rasala Road, Near Masjid,
Udaimandir, Jodhpur (Raj.)
(Today in police custody)
----Appellant
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Kuldeep Singh
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
23.05/2022
In compliance of order dated 27.04.2022 appellant no.3
Jugnu @ Amir Khan S/o. Hamid Khan after being arrested by
Mr. Gordhan Ram (ASI), P.S. Udai Mandir, Jodhpur has been
produced in before this Court.
Heard learned counsel for the appellant and learned PP on
2nd application seeking suspension of sentence No.459/2022.
Counsel for the appellant submits that sentence awarded to
appellant has already been suspended by this Court vide order
dated 20.08.2015 in S.B. Criminal Misc. Bail (SOS) Application
No.801/2015 (Hahid Khan & Ors. Vs. State).
Counsel for the appellant submits that the appellant could
not appear before the SC/ST Court, Jodhpur in 2020 due to he
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being admitted in Hasha Mukti Kendra, though, thereafter he has
appeared in the year 2021 & 2022.
Upon consideration of submission advanced on behalf of the
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 of accused.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentence awarded to appellant/s
- Jugnu alias Amir Khan S/o. Hamid Khan, by the learned
Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur
vide judgment dated 21.07.2015 in Sessions Case No.27/2013
shall remain suspended till final disposal of aforesaid appeal
provided he executes a personal bond for a sum of Rs.50,000/-
alongwith two solvent sureties in the sum of Rs.25,000/- each to
the satisfaction of learned Registrar (Judicial) of this Court for his
appearance before this Court again on 04.07.2022 and whenever
ordered to do so, till the disposal of the present 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(s) to the trial
court.
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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 trial Judge shall report the matter to the High
Court for cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J.
C-1 Sanjay-
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