Ishak Khan vs State Of Rajasthan
2022 Latest Caselaw 11285 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 579/2022

Ishak Khan S/o Deene Khan, Aged About 42 Years, B/c Mangliya
Musalman R/o Opp. Upnivesan Tehsil Mohangarh Dist. Jaisalmer
Raj. (Judicial Custody In Jaisalmer Jail)
                                                                     ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through Pp
2.     Anop Singh S/o Shir Kan Singh, B/c Rajpurohit R/o Shri
       Mohangarh Tehsil And Dist. Jaisalmer Raj.
                                                                  ----Respondents


For Petitioner(s)        :     Mr. Bhagirath Ray Bishnoi
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP
                               Ms. Anjali Kaushik



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

09/09/2022
     Admit.

     Issue notice to respondent No.2 only, as the learned Public

Prosecutor accepts notice on behalf of the respondent No.1-State.

     Heard learned counsel for the petitioner and the learned

Public Prosecutor on S.B. Suspension of Sentence (Revision)

No.180/2022.

     Learned counsel for the respondent submits that there a

complete settlement has happened between the parties.

     Learned   Public    Prosecutor         opposes         the    suspension    of

sentence application.

     I have considered the rival arguments advanced by the

parties and perused the judgments of the courts below.



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     Looking to the facts and circumstances of the case and the

short sentence awarded by the learned trial court, this Court

deems it just and proper to suspend the sentence awarded to the

accused petitioner.

     Accordingly, S.B. Suspension of Sentence (Revision) filed

under Section 397 & 401 of Cr.P.C. is allowed and it is ordered that

the sentence passed by the learned Judicial Magistrate, Jaisalmer

in Criminal Case No.1008/2015 vide order dated 07.03.2019 as

affirmed by the learned District & Sessions Judge, Jaisalmer vide

order dated 19.05.2022 in Criminal Appeal No.16/2019 against

the petitioner Ishak Khan S/o Deene Khan shall remain

suspended till final disposal of the aforesaid revision and he shall

be released on bail, 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 for his appearance in this

Court on 12.10.2022 and whenever ordered to do so, till the

disposal of the revision on the conditions indicated below:-

     1.    That he will appear before the trial Court in the

           month of January of every year till the revision is

           decided.

     2.    That if the petitioner 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.



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                                         The learned trial Court shall keep the record of attendance of

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

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

                                   petitioner 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-petitioner does not appear before the trial court, the

                                   learned trial Judge shall report the matter to the High Court for

                                   cancellation of bail.

                                         Let this revision petition be listed before the Lok Adalat for

                                   final decision.



                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

18-/Jitender/nirmala

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