Firoj Kha vs State Of Rajasthan
2023 Latest Caselaw 5507 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.207/2023

In

S.B. Criminal Revision Petition No. 774/2023

Firoj Kha S/o Bhure Kha, Aged About 40 Years, R/o Runicha Colony, Police Station Kotwali Pali, District Pali (Raj.) (At Present Lodged In Central Jail, Jodhpur)

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Moola Ram S/o Bhima Ram, B/c Bawari, R/o Chatelav, At Present Muliyawas, Police Station Rohat, District Pali (Raj.)

----Respondents

For Petitioner(s) : Mr. Gulam Moinuddin For Respondent(s) : Mr. S.S. Rajpurohit, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

02/08/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

06.01.2017 passed by the learned Additional Chief Judicial

Magistrate, Pali in Criminal Regular Case No. 199/2014 whereby

he was convicted and sentenced to suffer imprisonment of two

years' rigorous imprisonment along with a fine of Rs.1,000/- under

Section 394 of IPC.

2. It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

aspects of the matter and thus, reached at an erroneous

(2 of 3)

conclusion of guilt, therefore, the same is required to be

appreciated again by this court. He was on bail during trial and

during the course of the appeal and did not misuse the liberty so

granted to him; hearing of the revision is likely to take long time,

therefore, the application for suspension of sentence may be

granted.

3. Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the petitioner on application for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly the facts that the accused-petitioner

was on bail during the course of trial and during the course of the

appeal and the hearing of revision is likely to take further more

time and considering the overall submissions while refraining from

passing any comments on the niceties of the matter and the

defects of the prosecution as the same may put an adverse effect

on hearing of the revision, this court is of the opinion that it is a fit

case for suspending the sentence awarded to the accused-

petitioner.

6. Accordingly, the application for suspension of sentence filed

under Section 397/401 Cr.P.C. is allowed and it is ordered that the

sentence passed by learned Additional Chief Judicial Magistrate,

Pali who passed the impugned order dated 06.01.2017 in Criminal

(3 of 3)

Regular Case No. 199/2014 against the petitioner-applicant- Firoj

Kha S/o Bhure Kha 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 01.09.2023 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 appeal is decided.

(2) That if the applicant 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 addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 255-divya/-

Powered by TCPDF (www.tcpdf.org)