Rajasthan High Court - Jodhpur
Irfan Khan vs State Of Rajasthan (2025:Rj-Jd:33991) on 1 August, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:33991]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5079/2025
Irfan Khan S/o Sarfaraj Khan, Aged About 38 Years, R/o Gadhi,
P.s. Gadhi, District Banswara.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Raghuveer Singh Bhati
For Respondent(s) : Mr. Narendra Singh Chandawat, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
01/08/2025
The instant criminal misc. petition has been filed under
Section 528 on behalf of the petitioner praying for the following
reliefs:-
"It is, therefore, prayed that this misc. petition may
kindly be allowed and the condition / direction of depositing
the passport before the learned trial court by the learned
appellate court i.e. Learned Session Judge, Banswara in
Appeal No.101/2025 vide order dated 3.6.2025 may kindly
be quashed and set-aside. ...."
2. Learned counsel for the petitioner submitted that the Court
of Additional Chief Judicial Magistrate, Banswara vide order dated
07.05.2025 after concluding the trial in connection with Criminal
Case No.181/2017 (CIS No.181/2017) titled as "State of
Rajasthan v. Irfan Khan" convicted the petitioner for the offences
under Sections 498-A, 323, 406 and 504 IPC. Learned counsel
submitted that the petitioner being aggrieved by the
order/judgment dated 07.05.2025 passed by the learned
Additional Chief judicial Magistrate, Banswara preferred a Criminal
[2025:RJ-JD:33991] (2 of 3) [CRLMP-5079/2025]
Appeal No.101/2025 titled as "Irfan Khan v. State of Rajasthan"
before the Court of learned Sessions Judge, Banswara. The Court
of learned Sessions Judge, Banswara has allowed the suspension
of sentence awarded to the petitioner by the learned trial Court
subject to the condition that the petitioner deposits his passport.
Learned counsel submitted that the condition of depositing
the passport deserves to be modified by this Court as there is
nothing on record which would indicate that if the petitioner were
to travel abroad, then he would misuse the liberty granted to him
or will not appear before the appellate Court as and when
required.
Per contra, learned Public Prosecutor submitted that the
judgment passed by the Court of learned Sessions Judge,
Banswara dated 03.06.2025 does not suffer from any illegality or
perversity and therefore, the same does not call for any
interference by this Court. However, he was not in a position to
refute the fact that presently, there is no apprehension of the
petitioner misusing the liberty granted to him or any apprehension
that he will not appear before the learned trial Court/appellate
Court as and when required even if he is allowed to travel abroad
by using passport.
Heard learned counsel for the parties at Bar. Perused the
material available on record.
Having considered the rival submissions and the facts and
circumstances of the case, this Court deems it just and proper to
modify the condition of depositing the passport imposed upon the
petitioner by the Court of learned Sessions Judge, Banswara in
Criminal Appeal No.101/2025 vide order dated 03.06.2025. The
[2025:RJ-JD:33991] (3 of 3) [CRLMP-5079/2025]
passport, if already deposited shall be released in favour of the
petitioner forthwith. However, the petitioner shall be required to
execute a bond before the learned trial Court to the effect that if
he were to travel abroad for any purpose, he will inform the trial
Court in advance and he shall also appear as and when directed to
appear before the Court.
With the aforesaid directions, the instant criminal misc.
petition is disposed of.
Stay petition stands disposed of accordingly.
(KULDEEP MATHUR),J
13-himanshu/-
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