Rajasthan High Court
Choti @ Chhote Khan Son Of Shri Ashin Khan vs State Of Rajasthan on 2 February, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2024:RJ-JP:5739]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Bail (Suspension of Sentence)
Application No.183/2024
In
S.B. Criminal Appeal (Sb) No. 211/2024
1. Choti @ Chhote Khan Son Of Shri Ashin Khan, Resident Of
Mohari, Police Thana Baseri District Dholpur (Raj.)
2. Jameel Khan Son Of Shri Ashin Khan, Resident Of Mohari,
Police Thana Baseri District Dholpur (Raj.)
----Appellants
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr.Neeraj Sharma
For Respondent(s) : Mr.Chandragupta Chopra, Public
Prosecutor
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
02/02/2024
The appellants-applicants - (i) Choti @ Chotte Kan s/o Shri
Ashin Khan and (ii) Jameel Khan s/o Shri Ashin Khan herein have
been convicted and sentenced vide judgment dated 23.01.2024
passed by learned Special Judge (SC/ST Atrocities Cases) Dholpur
(Raj.) in Session Case No.32/2021 (CIS No.32/2021) as under:-
Offence Under Imprisonment Fine Sentence in
Section default of fine
3-1(w) of SC/ST 2 years' SI Rs.10,000/- Additional Two
Act Months' SI
3-2(va) of SC/ST 6 Months' SI Rs.1000/- Additional One
Act read with Month's SI
Section 323 IPC
3-2(va) of SC/ST 6 Months' SI Rs.1000/- Additional one
[2024:RJ-JP:5739] (2 of 3) [CRLAS-211/2024]
Act read with Month's SI
Section 506 IPC
504 of IPC 6 Months' SI Rs.1000/- Additional one
Month's SI
Heard learned counsel for the applicants-appellants and
learned Public Prosecutor on the application for suspension of
sentences.
Upon a consideration of the arguments advanced on behalf
of the appellants-applicants and having regard to the facts and
circumstances as available on the record, this Court is of the
opinion that it is a fit case for suspending the sentences awarded
to the accused appellant-applicant during pendency of the instant
appeal.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judge (SC/ST Atrocities
Cases) Dholpur (Raj.) in Session Case No.32/2021 (CIS
No.32/2021) vide judgment dated 23.01.2024 against the
appellanta-applicants - (i) Choti @ Chhote Khan S/o Shri Ashin
Khan and (ii) Jameel Khan s/o Shri Ashin Khan, shall remain
suspended till final disposal of the aforesaid appeal and they shall
be released on bail, provided each of them 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 their
appearance in this court on 04.03.2024 and whenever ordered to
do so till the disposal of the appeal on the conditions indicated
below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
[2024:RJ-JP:5739] (3 of 3) [CRLAS-211/2024]
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/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(s),
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-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/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 applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(PRAVEER BHATNAGAR),J
Preeti Asopa /99
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