Nazir Khan vs State Of Rajasthan
2022 Latest Caselaw 13556 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1084/2022

Nazir Khan S/o Sh. Jiya Khan, Aged About 40 Years, By Caste Musalman, Resident Of Bhoote-Ki-Dhani, P.S. Bijrad, District Barmer. (At Present Lodged In Central Jail, Jodhpur).

----Petitioner Versus State of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Sheetal Kumbhat For Respondent(s) : Mr. R.R. Chhaparwal, PP

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MS. JUSTICE REKHA BORANA

Order

18/11/2022

Heard Shri Sheetal Kumbhat, learned counsel for the

appellant-applicant and Shri R.R. Chhaparwal, learned Public

Prosecutor.

The appellant-applicant was convicted vide judgment and

order dated 25.08.2020 and sentenced to life imprisonment by the

trial Court. He preferred an appeal against the same wherein his

application for suspension of sentence has been rejected. The

present application for short term temporary bail has been filed by

the appellant-applicant for the reason that his father Shri Jiya

Khan expired on 12.11.2022 and according to muslim rituals the

social rites are performed for 41 days.

Learned counsel for the appellant-applicant submits that one

of his brothers is mentally challenged/disabled, the second brother

(2 of 2) [SOSA-1084/2022]

is handicapped and the third brother is too young to perform the

social rites. He has further submitted that the appellant-applicant

had remained on bail during the trial and no complaint of breach

of the said bail has been complained of.

A verification report has been placed on record by learned

Public Prosecutor indicating the fact that Shri Jiya Khan, father of

the appellant-applicant has expired on 12.11.2022. The record

shows that the appellant-applicant has remained in jail for more

than six years by now.

In this background, we are inclined to accept the instant

application for interim suspension of sentences. The applicant-

appellant Nazir Khan S/o Shri Jiya Khan shall be released on

temporary bail and his sentences shall remain suspended for a

period of 40 days from the date of his release provided he

furnishes a personal bond in the sum of Rs.1,00,000/- with two

sound and solvent sureties in the sum of Rs.50,000/- each to the

satisfaction of the trial Court. The Superintendent, Central Jail,

concerned shall give the date of surrender to the appellant as per

the date on which he is released from custody. Needless to say

that after completion of the aforesaid period, the appellant-

applicant shall surrender before the concerned jail authorities.

The application for temporary suspension of sentences is

allowed accordingly.

                                   (REKHA BORANA),J                                              (PANKAJ MITHAL),CJ


                                    59-T.Singh, Dharmendra/-









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