Rajasthan High Court - Jodhpur
Anwar Khan vs State Of Rajasthan on 4 November, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension of Sentence Application
No.442/2023
IN
S.B. Criminal Revision Petition No. 1518/2023
Anwar Khan S/o Shri Mohammad Khan, Aged About 35 Years,
R/o Godola, P.S. Rathanjana, Dist. Pratapgarh (Presently Lodged
In Dist. Jail, Pratapgarh)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Gopal S/o Shri Devaram Suthar, R/o Bhuwasiya,
Rathanjana, Dist. Pratapgarh, Raj.
----Respondents
For Petitioner(s) : Mr. Vijay Kumar Gaur
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
04/11/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 13.02.2020 passed by the learned Judicial Magistrate,
Pratapgarh, in Criminal Regular Case No.1147/2017 (CIS
No.1147/2017) whereby he was convicted and sentenced to
suffer maximum punishment of two years simple
imprisonment along with fine of Rs.1,000/-under Section 457
as well as Section 380 of the IPC.
2. It is contended on behalf of the applicant that the learned
trial Judge has not appreciated the correct, legal and factual
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aspects of the matter and thus, reached at an erroneous
conclusion of guilt, therefore, the same is required to be
appreciated again by this Court. Hearing of the revision
petition 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. Upon consideration of the submissions of learned counsel for
the parties and looking to the totality of facts and
circumstances of the case, more particularly the fact that
hearing of revision petition 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 petition, 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 Judicial Magistrate,
Pratapgarh, in Criminal Regular Case No.1147/2017 (CIS
No.1147/2017) against the petitioner-applicant- Anwar
Khan S/o Shri Mohammad Khan shall remain suspended
till final disposal of the aforesaid revision petition and he
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shall be released on bail provided each 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 04.12.2023 and
whenever ordered to do so till the disposal of the revision
petition 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 applicant change the place of
residence, he will give in writing his changed
addresses 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
142-Ashutosh/-
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