Shahrukh Khan vs State Of Rajasthan
2022 Latest Caselaw 12667 Raj

                                          (1 of 2)                  [SOSA-959/2022]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                No. 959/2022

Shahrukh Khan S/o Shri Niyaj Khan, Aged About 21 Years, B/c
Kayamkhani Muslim, R/o Ram Sagar, Borawad, Tehsil Merta,
District Nagaur. (At Present Lodged In Sub Jail, Merta)
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)          :     Mr. Vishal Sharma.
For Respondent(s)          :     Mr. Mohd. Javed, PP.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

21/10/2022

     Heard.

     Learned counsel for the applicant-appellant has shown from

the record the statement of the prosecutrix (PW-1) and submits

that she has completely denied the story of the prosecution, and

has turned hostile.

     Learned Public Prosecutor opposes the application.

     Having considered the totality of facts and circumstances of

the case, this Court considers it just and proper to suspend the

substantive sentence awarded to the accused applicant-appellant.

     Accordingly, the present suspension of sentence application

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

substantive sentence passed by the trial court vide judgment

dated 07.10.2022 in Sessions Case No.67/2019 against applicant-

appellant Shahrukh Khan S/o Shri Niyaj Khan Lal shall remain


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                                                                                (2 of 2)                [SOSA-959/2022]



                                   suspended till final disposal of the aforesaid appeal, provided he

                                   executes a personal bond in the sum of Rs.50,000/- with two

                                   sureties of Rs.25,000/- each to the satisfaction of the learned Trial

                                   Judge/Link Court for his appearance in this court on 24.11.2022

                                   and whenever ordered to do so, till the disposal of the appeal on

                                   the conditions indicated below:-
                                         1.      That he will appear before the trial Court in the
                                                 month of January of every year till the appeal is
                                                 decided.

                                         2.      That if the appellant changes the place of
                                                 residence, he will give in writing his changed
                                                 address to the trial Court as well as to the counsel
                                                 in the High Court.

                                         3.      Similarly, if the sureties change their address,
                                                 they will give in writing their changed address to
                                                 the trial Court.

                                         The learned trial Court shall keep the record of attendance of

                                   the accused-appellant in a separate file. Such file be registered as

                                   Criminal Misc. Case related to original case in which the accused-

                                   appellant was 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-appellant 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.

239-Jitender/-

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