Shakur Khan vs State Of Rajasthan ...
2023 Latest Caselaw 2747 Raj

[2023/RJJD/008688]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1259/2022

Shakur Khan S/o Wali Khan, Aged About 27 Years, B/c Sindhi Musalman , R/o Chirayon Ki Dhani, Hingola P.s. Jhanwar, Jodhpur. (At Present Lodged Central Jail, Jodhpur)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Mridul Jain with Mr. Bhagat Dadhich For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

05/04/2023

Heard learned counsel for the parties.

Learned counsel for the appellant has pointed out that after

the first suspension of sentence application of the appellant has

been rejected, one year has elapsed and the total custody of six

years and three months has now reached. Learned counsel has

drawn the attention of this Court towards the statement of the

prosecutrix, who is around 17 years of age as per the impugned

order. Learned counsel submits that the prosecutrix has

admittedly gone to the appellant though she has stated that she

went in the belief that the appellant is asking instructions for the

road; the prosecutrix has denied knowing the present appellant,

but has admitted that the appellant was of the same village and

he was living one kilometer away from her house.

[2023/RJJD/008688] (2 of 3) [SOSA-1259/2022]

Learned Public Prosecutor opposes the suspension of

sentence application.

On consideration of the prolonged custody period as well as

conjointly reading the statement rendered by the prosecutrix PW-

1 and the other factual matrix, this Court deems it just and proper

to suspend the substantive sentence awarded to the accused

applicant-appellant.

Accordingly, this second suspension of sentence application

is allowed and it is ordered that the substantive sentence passed

by the trial court vide judgment dated 26.10.2021 in Sessions

Case No.76/2018 against appellant - Shakur Khan S/o Wali

Khan shall remain suspended till final disposal of the aforesaid

appeal, provided he 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 his appearance in this

Court on 08.05.2023 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, they 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

[2023/RJJD/008688] (3 of 3) [SOSA-1259/2022]

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 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 80-Zeeshan

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