Rajasthan High Court - Jodhpur
Salman Khan vs State Of Rajasthan on 28 September, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1559/2022
1. Salman Khan S/o Sh. Mithu Khan, Aged About 57 Years,
B/c Muslim, R/o Talo Ki Dhani Aau, Ps Bhojasar, Dist.
Jodhpur (Raj.)
2. Sh. Jabaar Khan S/o Museh Khan, Aged About 38 Years,
B/c Muslim, R/o Haji Sagar, Aau Distt. Jodhpur (Raj.)
3. Sh. Kamardin S/o Museh Khan, Aged About 33 Years, B/c
Muslim, R/o Haji Sagar, Aau Distt. Jodhpur (Raj.)
4. Bacchu Khan S/o Salman Khan, Aged About 30 Years, B/c
Muslim, R/o Haji Sagar, Aau Distt. Jodhpur (Raj.)
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Sanjay Bishnoi.
For Respondent(s) : Mr. Arun Kumar, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
28/09/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
respondent-State. Hence, notice need not be issued.
Call for the record.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.923/2022
Learned counsel for the appellants makes a statement at Bar
that the certificate of surrender has been filed before this Court, a
copy of which he has passed on to this Court. Learned counsel
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further submits that the sentence awarded to the accused-
appellants has already been suspended by the learned trial court
temporarily on 16.09.2022.
Learned Public Prosecutor opposes the submissions.
Having considered the totality of facts and circumstances of
the case, this Court deems it just and proper to suspend the
substantive sentence awarded to the accused appellants.
Accordingly, S.B. Suspension of Sentence (Appeal)
No.923/2022 filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the trial court
vide judgment dated 16.09.2022 in Sessions Case No.1/2014
against appellants (1) Salman Khan S/o Sh. Mithu Khan, (2)
Sh. Jabaar Khan S/o Museh Khan, (3) Sh. Kamardin S/o
Museh Khan and (4) Bacchu Khan S/o Salman Khan shall
remain suspended till final disposal of the aforesaid appeal,
provided each of them executes a personal bond in a sum of
Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for their appearance in this
Court on 02.11.2022 and whenever ordered to do so, till the
disposal of the appeal on the conditions indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellants changes the place of
residence, they will give in writing their changed
address to the trial Court as well as to the counsel
in the High Court.
3. Similarly, if the sureties change their address,
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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-appellants in a separate file. Such file be registered
as Criminal misc. Case related to original case in which the
accused-appellants were 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 appellants do 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.
213-/Jitender//-
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