Saleem Khan Son Of Aas Mohammad vs State Of Rajasthan
2022 Latest Caselaw 7316 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

   S.B. Criminal Misc. Bail (Suspension of Sentence) Application
                              No.1199/2022

                                       In

                S.B. Criminal Appeal No. 1823/2022

Saleem Khan Son Of Aas Mohammad, Aged About 27 Years,
Resident Of Chuhadpur Police Station Chaupanki, District Alwar
(Raj) (At Present In Central Jail, Alwar)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through P.P
                                                                ----Respondent

For Appellant(s)          :    Mr. S.S. Sunda, Advocate
For Respondent(s)         :    Mr. M.K. Sheoran, Public Prosecutor



     HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

                                    Order

17/11/2022

This application for suspension of sentence has been

preferred on behalf of the applicant/appellant under Section 389 of

Cr.P.C. to suspend the sentence awarded by the Special Court,

Protection of Children from Sexual Offences Act, 2012 & Commission for

Child Rights Protection Act, 2005 No.3, Alwar, District Alwar vide its

judgment dated 06.09.2022 in Sessions Case No.32/2021.

Learned counsel for the applicant/appellant submits that

during trial applicant/appellant was on bail and, at present, he is

confined in jail. Learned counsel further submits that as per para No.40

of the impugned judgment dated 06.09.2022, PW-2 victim, PW-3 her

mother and PW-4 her father have been declared hostile. Learned

counsel further submits that other witnesses PW-5 Saheed, PW-6 Juber,

(2 of 2) [SOSA-1199/2022 in CRLAS-1823/2022]

PW-7 Fateh Mohd., PW-8 Unnas, PW-9 Aslamdeen, PW-10 Ibrahim and

PW-16 Mohd. Sabir have also been declared hostile. Learned counsel

also submits that the applicant/appellant has no criminal antecedents

and conclusion of appeal will take considerable time. Hence, sentence

awarded to the applicant/appellant may be suspended during pendency

of the appeal.

On the other hand, learned Public Prosecutor appearing for

the State, has opposed the application for suspension of sentence.

Heard learned counsel appearing for the applicant/appellant

as well as learned Public Prosecutor and perused the material made

available on record.

Considering the submissions made by learned counsel for

the applicant/appellant and taking into consideration overall facts and

circumstances of the case, but; without expressing any opinion on the

merits and demerits of the case, this court deems it just and proper to

suspend the sentence awarded to the applicant/appellant.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that execution of the sentence awarded by

the trial court to the applicant/appellant, namely Saleem Khan S/o Aas

Mohammad shall remain suspended during the pendency of appeal;

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

two sureties in the sum of Rs.50,000/- each to the satisfaction of the

learned trial Court with the stipulation that he shall appear before this

Court on 16.12.2022, thereafter, as and when called upon to do so.

(CHANDRA KUMAR SONGARA),J

Ashish Kumar /135

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