Sodhe Khan vs State Of Rajasthan
2022 Latest Caselaw 11435 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
      S.B. Suspension Of Sentence(Revision) No. 321/2022

Sodhe Khan S/o Shri Sabjal Khan, Aged About 41 Years, R/o
R.c.p Area, Bharewala, Teh. Pokaran, Dist. Jaisalmer. (Confined
In Central Jail Bikaner)
                                                                      ----Petitioner
                                     Versus
State Of Rajasthan.
                                                                    ----Respondent


For Petitioner(s)           :    Mr. H.S. Shrimali
For Respondent(s)           :    Mr. Javed Gauri, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

14/09/2022
     Heard learned counsel for 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.

     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, this suspension of sentence application is

allowed and it is ordered that the sentence passed by the learned

Additional Chief Judicial Magistrate No.4, Bikaner in Criminal Case

No.316-A/2012 vide order dated 11.02.2015 as affirmed by the

learned Additional Sessions Judge No.3, Bikaner vide order dated


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                                                                                (2 of 2)                [SOSR-321/2022]


                                   02.09.2019 in Criminal Appeal No.53/2015 against the petitioner

                                   Sodhe Khan S/o Shri Sabjal 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 17.10.2022 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.

                                        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.



                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

236-Zeeshan

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